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Seeing as 55% of Canadian’s have a will, you may be responsible for a loved one’s will at some point. If that point is now and you are the executor of a will in Ontario, then you will need to probate the will. This process can be complex and emotional, so it is important to understand what is involved.

In this blog post, we will explain how much it costs to probate a will in Ontario, how long you have to do so, and the steps you will need to take. Read on to learn more.

What is a Will?

A will is a written legal document, typically written on paper, that outlines how your assets should be distributed after your death. It ensures that your assets go to the people or organizations you choose. If you have minor children, your will can also designate a guardian to care for them. It can also include other important instructions, such as your funeral wishes.

In some cases, a person may have multiple wills, each addressing different types of assets. However, not all assets are covered by a will. For example, jointly owned property with a right of survivorship cannot be overridden by a will. This is common in home ownership between spouses, where the surviving spouse becomes the sole owner upon the other’s passing.

When Should You Make a Will?

Creating a will is essential in managing your financial and personal affairs. You should consider making a will as soon as you become a legal adult, especially if you own property, have savings, or have dependents. A will ensures that your assets are shared according to your wishes to help prevent legal complications for your loved ones.

Even if you already have a will, it’s not a one-time task. Major life changes—such as divorce, remarriage, the birth of a child, or acquiring new assets—should prompt you to review and update your will to reflect your current circumstances.

What Makes a Will Valid or Invalid?

The rules for a valid will vary by province and territory in Canada, but some general requirements apply. To be legally valid, a witnessed will (also called an attested will) must:

• Be written or typed on paper
• Be signed by the testator (the person making the will) in the presence of witnesses
• Include your basic personal information
• Clearly outline which assets go to which beneficiaries

If a will does not meet the legal requirements, it may be deemed invalid. In some cases, a court may step in to “cure” or correct a deficiency, but this is not guaranteed.

What does it mean to probate a will in Ontario?

Probate is the legal process of proving that a will is valid. In Ontario, Canada, you must probate a will if the deceased person owned property in the province at the time of their death. This includes real estate, personal property, and financial assets such as bank accounts and investments. Probate also allows for the appointment of an executor, who is responsible for carrying out the instructions in the will. The executor manages the deceased person’s estate and ensures that their debts are paid and their assets are distributed according to the terms of the will.

There are two types of probate in Ontario: voluntary and mandatory. Voluntary probate is when all interested parties agree that the will is valid. This can be done without going to court. Mandatory probate is when one or more interested parties does not agree that the will is valid, or when the validity of the will is in question. In this case, the matter must be settled by a judge in court.

How long do you have to probate a will in Ontario?

If you are an executor of a will in Ontario, you must apply for probate within 30 days of the death of the person who made the will (the “testator”). To do so, you must file an application with the Superior Court of Justice in the district where the testator lived at the time of their death. The application must include:

• The original copy of the will.
• A certified copy of the death certificate.
• An inventory of the deceased person’s assets and debts.
• A list of the people who are named in the will (the “beneficiaries”).
• The executor’s contact information.

The court will then issue a document called a “grant of probate” which legally appoints the executor and gives them the authority to carry out the instructions in the will.

If you do not apply for probate within 30 days, you can still apply, but you will have to provide a reason for the delay. The court may also require that you post a bond, which is an insurance policy that protects beneficiaries from any losses caused by your actions as executor.

What is the cost to probate a will in Ontario?

How much a lawyer charges to probate a will in Ontario depends on the size and complexity of the estate. For example, an estate with multiple properties or beneficiaries may be more complex than one with only a few assets. Lawyers typically charge an hourly rate for their services, which can range from $150 to $500 per hour. They may also charge a flat fee or a percentage of the value of the estate.

In addition to lawyer’s fees, there are also court fees that must be paid when you apply for probate. These fees are set by the government and are currently $155 for the application fee and $100 for the certificate of appointment of estate trustee (executor) fee.

You may also have to pay other professional fees, such as appraisers or accountants if they are needed to value the estate or prepare tax returns.

Finally, you will also have to pay any debts of the estate before distributing the assets to the beneficiaries. This includes things like credit card debts, mortgages, and taxes owed.

Final thoughts on probating a will in Ontario

Probating a will in Ontario can be a complex and costly process. It is important to understand all of the requirements before beginning the process. If you are named as an executor in a will, you should speak to a lawyer to ensure that you are aware of your responsibilities and obligations.

If you need help understanding probating a will in Ontario or managing an estate, we can put you in touch with a lawyer who can assist you. Contact us today for a free consultation.