Probating of Estates

Small Estate Certificate – estate value less than $50,000.00                                                        $325.00

Small Estate Certificate – estate value over $50,000.00 up to $150,000.00                                $400.00

Regular Route – preparing documents to apply for Certificate of Appointment of Estate
Trustee, estate value greater than $150,000.00                                                                              $475.00

Simple Last Will and Testament $150.00
Simple POA for health care $ 75.00
Simple POA for property $ 75.00

Additional work to be billed separately in addition would include:

  • Renunciation of an Estate Trustee
  • Undertaking to determine estate value later
  • Motion to dispense with a Bond
  • Order dispensing with a Bond
  • Affidavit if we are not able to find a witness to the original Will
  • Preparing an accounting of the deceased’s bank accounts
  • Preparing a Distrution Ledger
  • Preparing Releases to be signed by the beneficiaries
  • Preparing notarial copies of the Certificate of Appointment of Estate Trustee

What is Probate?

To explain probate, if a person dies with assets in their name alone, most financial institutions require probate to release funds to the Executor.  Probate means that the Court has determined that the Will is in proper form, it is the last Will of the deceased and no one else in Ontario has applied for probate.  All liability is off the bank if the Executor probates the Will because it means the Court has approved the Will and the Executor is the proper person to be giving the money to.  Once the Executor has received probate, he can cash in all assets of the deceased and distribute them according to the Will.

When we obtain probate, it means we apply for and obtain the issued Certificate of Appointment of Estate Trustee from the Court.

To apply for probate, the following documents are filed with the Court in the jurisdiction where the deceased resided:

  • Application for Certificate of Appointment of Estate Trustee With or Without A Will
  • Notice
  • Affidavit of Service of Notice
  • Certificate of Appointment of Estate Trustee With or Without A Will
  • Affidavit of Execution of the Will
  • Original Will
  • Original Death Certificate
  • Probate Fees

Additional work to be billed separately in addition would include:

  • Renunciation of an Estate Trustee
  • Undertaking to determine estate value later
  • Motion to dispense with a Bond
  • Order dispensing with a Bond
  • Affidavit if we are not able to find a witness to the original Will
  • Preparing an accounting of the deceased’s bank accounts
  • Preparing a Distrution Ledger
  • Preparing Releases to be signed by the beneficiaries
  • Preparing notarial copies of the Certificate of Appointment of Estate Trustee