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Probate Applications

Probate applications are now referred to as applications for a Certificate of Appointment of Estate Trustee.

"certificate of appointment of estate trustee" means letters, probate, letters of administration or letters of administration with the will annexed;

"estate trustee" means an executor, administrator or administrator with the will annexed;

"estate trustee during litigation" means an administrator appointed pending an action;

"estate trustee with a will" means an executor or an administrator with will annexed;

"estate trustee without a will" means an administrator;

"objection to issuing of certificate of appointment" means a caveat;

"will" includes any testamentary instrument of which probate or administration may be granted.

Certificates of appointment of estate trustee are granted by the Court where a person is named in the will as the Executor, or to the next of kin on an intestacy, or to a Trust Company or other.

Certificates of Appointment of Estate Trustee During Litigation are issued to a Trust Company, or other who has agreed to act as an Estate Trustee During Litigation. The Certificates are obtained to access any property that the deceased held in his/her name only, and confers the authority of the court to financial institutions to release the assets to the named trustee under the Certificate of Appointment.

Probate fees in Ontario are calculated on the value of assets in the deceased’s name at the time of death and are calculated as follows:

$5.00 per thousand for the first $50,000.00; and

$15.00 per thousand for anything over the $50,00.00

Probate applications are made in the jurisdiction where the deceased was a resident of.

Most financial institutions require you to obtain a Certificate of Appointment of Estate Trustee before they will release any assets in the deceased’s name. It is important to find out from the financial institution you are going to be dealing with before trying to gain access to the deceased’s property.

The Courts usually takes 2-4 weeks after the application is made to issue you the Certificate, unless the application becomes contentious, and has to be put before a Judge in open court.

We assist in all types of applications to the court: Certificates of Appointment of Estate Trustee With or Without a Will; Certificates of Estate Trustee During Litigation; Certificates of Appointment of Succeeding Estate Trustee; Resealing or Ancillary Certificate of Appointment.

Resources:

New legislation came into effect January 1, 2015:

Ontario Regulation 310/14

New Information for Estate Trustee

Ontario Ministry of Finance: Estate Administration Tax

This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation.

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