How Long Does Probate Take in Ontario? Timelines & Key Steps
When someone passes away in Ontario, many assume probate takes just 6 to 8 weeks—but that only covers court approval. In reality, the full process typically takes 8 to 12 months.
This longer timeline includes gathering assets, paying debts, filing taxes, and distributing inheritances. Misunderstanding the timeline can lead to frustration and delays.
In this guide, we break down each stage of the probate process, explain factors that affect timing, and offer tips to help executors and families navigate it more smoothly.
Curious about the probate process in Ontario? Learn more in our article on What is Probate in Ontario.
How Long Does Probate Take in Ontario?
The probate process in Ontario typically takes 8 to 12 months from start to finish.
The initial court approval phase only takes 6 to 8 weeks.
Understanding these timelines helps executors and beneficiaries set proper expectations for estate settlement.
Typical Timelines from Start to Finish
Most estates in Ontario require 8 to 12 months to complete the full probate process.
This extended timeline often surprises people who expect quicker resolution.
The Certificate of Appointment of Estate Trustee from the Ontario Superior Court of Justice takes 6 to 8 weeks to receive.
This represents only the beginning of estate administration.
Simple estates with basic assets may finish closer to 8 months.
Complex estates with business interests, multiple properties, or disputes can extend beyond 12 months.
Court location affects processing speed.
Smaller courts may process applications in days, while Toronto courts often take several months during busy periods.
Estate complexity significantly impacts duration.
Multiple properties, business valuations, and international assets add substantial time to the process.
Stages of the Probate Process
The probate process divides into two main phases with distinct timelines and requirements.
Phase 1: Court Application (6-8 weeks)
Document preparation: 1-2 weeks
Court processing: 4-6 weeks
Certificate issuance: 1 week
Phase 2: Estate Administration (6-10 months)
Asset identification and valuation: 1-2 months
Debt and tax payments: 2-3 months
Final tax returns: 1-2 months
Asset distribution: 1-2 months
Start collecting documents immediately after death.
Delays in beginning the application process extend the entire timeline.
The Ontario Superior Court of Justice reviews each application thoroughly.
Missing documents or errors require resubmission and add weeks to the process.
Key Milestones and Waiting Periods
Several critical deadlines and waiting periods structure the probate timeline in Ontario.
Important Deadlines:
Estate Information Return: Within 180 days of receiving the probate certificate
Executor's year: Generally expected to distribute within one year of death
Creditor claims: Allow 2-3 months for creditors to come forward
Typical Waiting Periods:
Initial court review: 2-4 weeks
Additional documentation requests: 1-2 weeks
Final court approval: 2-3 weeks
Fund distribution readiness: 2-3 months after certificate
Beneficiaries typically wait 6-9 months before receiving distributions.
This waiting period allows proper debt settlement and tax clearance.
Executors should communicate these timelines clearly to beneficiaries.
Unrealistic expectations often create family tension during this period.
Complex tax situations or disputed claims can extend these waiting periods.
Professional legal assistance often reduces delays and prevents costly mistakes.
Essential Steps in the Ontario Probate Process
The probate process in Ontario involves four key stages that take most executors 8-12 months to complete.
These steps include filing the initial application, waiting for court approval of the certificate, managing all estate assets and debts, and distributing final assets to beneficiaries.
Learn about the executor of the estate and their key duties in Canada in our complete guide to the Executor of the Estate.
Preparing and Filing the Application
Gather several important documents before starting the probate process.
The original will, death certificate, and complete asset inventory are required for the application.
Required Documents:
Original last will and testament
Official death certificate
Detailed list of all assets and debts
Proof of asset values
Beneficiary information
The executor must complete Form 74.4 (Application for Certificate of Appointment of Estate Trustee).
This form asks for information about the deceased, beneficiaries, and estate value.
Calculate probate fees based on the estate's total value.
Estates worth over $50,000 require probate fees of $15 per $1,000 of estate value.
File the application at the Superior Court of Justice in the region where the deceased lived.
Some executors hire lawyers to help with this step, while others complete it themselves.
Court Review and Issuance of Certificate
The court takes 6-8 weeks on average to review probate applications.
Busy courts like Toronto can take up to 5 months during peak periods.
Court staff check that all forms are filled out correctly.
They verify the will is valid and that the executor has the right to manage the estate.
Common reasons for delays:
Missing signatures or documents
Incorrect asset valuations
Incomplete beneficiary information
Questions about will validity
Once approved, the court issues the Certificate of Appointment of Estate Trustee.
This document gives the executor legal authority to access bank accounts, sell property, and manage estate assets.
The executor receives the original certificate by mail within 1-2 weeks of approval.
Order multiple certified copies since banks and other institutions often require originals.
Administering the Estate
Estate administration begins once the executor receives the certificate.
This phase typically takes 6-9 months and involves several important tasks.
Asset management includes:
Opening estate bank accounts
Collecting life insurance proceeds
Transferring property ownership
Selling assets if needed
Paying outstanding bills and taxes
The executor must file the deceased's final tax return within six months of death.
Obtain a clearance certificate from the Canada Revenue Agency before distributing assets.
Creditors have time to make claims against the estate.
Wait 2-3 months after publishing death notices to ensure all debts are identified.
The Estate Information Return must be filed within 180 days of receiving the certificate.
This form provides detailed information about estate assets and beneficiaries to the court.
Final Estate Distribution and Closure
Distribute assets to beneficiaries after paying all debts and taxes.
Most executors wait 2-3 months after receiving the certificate before making distributions.
Prepare a detailed accounting showing all estate income, expenses, and distributions.
Beneficiaries should receive copies of this financial summary.
Distribution steps:
Pay all estate debts and taxes
Transfer specific gifts to named beneficiaries
Divide remaining assets according to the will
Get signed receipts from all beneficiaries
The executor's duties end once all assets are distributed and final tax returns are filed.
Keep estate records for at least six years in case of future questions or audits.
Some executors make partial distributions if the estate has enough cash and no major debts.
This helps beneficiaries receive part of their inheritance while estate administration continues.
Legal Requirements and Important Documents
The probate process in Ontario involves specific legal documents and court procedures.
You need a Certificate of Appointment of Estate Trustee from the Ontario Superior Court of Justice and must file an Estate Information Return within 180 days.
What is a Certificate of Appointment of Estate Trustee?
The Certificate of Appointment of Estate Trustee is the official court document that gives you legal authority to manage the deceased person's estate.
This certificate replaces what used to be called "Letters Probate" in Ontario.
Without this certificate, banks and other financial institutions won't let you access the deceased person's accounts.
The certificate proves you have the legal right to collect assets, pay debts, and distribute property according to the will.
Key details about the certificate:
Only valid executors named in the will can apply
Must be obtained through the Ontario Superior Court of Justice
Required for estates over $50,000 in most cases
Takes 6-8 weeks to receive after filing your application
The certificate includes your name as executor, the deceased person's details, and the date of death.
Obtain multiple certified copies since banks and other institutions often require originals.
Role of the Ontario Superior Court of Justice
The Ontario Superior Court of Justice handles all probate applications in the province.
Each court location has an Estates Office that processes these applications and issues certificates.
Where to apply:
File in the judicial district where the deceased lived at time of death
If they lived outside Ontario, file where their property is located
Cannot choose any court location for convenience
Different court locations have varying processing times.
Smaller courts like Kitchener may process applications in 24-48 hours.
Busy locations like Toronto typically take 4-6 weeks but can extend to 3-5 months during peak periods.
The court reviews your application to ensure all documents are complete and accurate.
They verify the will is valid and that you have the legal right to act as executor.
Estate Information Return and Deadlines
The Estate Information Return must be filed within 180 days of receiving your Certificate of Appointment of Estate Trustee.
This document provides detailed information about the estate's assets and beneficiaries to the court.
What you must include:
Complete list of all estate assets and their values
Names and addresses of all beneficiaries
Details about any debts or liabilities
Information about asset distributions made
Missing this deadline can result in your certificate being revoked.
The court takes this requirement seriously, and there are limited exceptions for late filing.
Important timing considerations:
30 days to apply for probate after death (recommended)
180 days for Estate Information Return after certificate issued
One year expectation for complete estate settlement
Start gathering this information early in the probate process.
Having detailed records from the beginning makes filing the return much easier when the deadline approaches.
Factors Affecting the Duration of Probate
Several key factors can significantly extend or shorten the probate timeline in Ontario.
Estate complexity and potential disputes are the two most critical elements that determine whether your probate process takes months or years to complete.
Complexity of the Estate and Asset Types
The types and number of assets in an estate directly impact how long the probate process takes.
Simple estates with basic assets like bank accounts and a family home typically move through probate faster than complex estates.
Complex assets that slow down probate include:
Multiple real estate properties in different provinces
Business interests and private company shares
Foreign investments and offshore accounts
Collectibles requiring professional appraisal
Registered retirement savings plans with multiple beneficiaries
These assets require detailed valuations and documentation.
The estate trustee must obtain professional appraisals for artwork, antiques, or business interests.
This process alone can add 2-3 months to the timeline.
Estate debts also complicate the process.
The executor must identify all creditors and settle outstanding obligations before distributing assets.
Credit cards, mortgages, and business debts all require careful attention.
Large estates with numerous beneficiaries create additional paperwork.
The estate trustee must track down all beneficiaries and obtain required signatures and documentation from each person.
Disputes, Litigation, and Contested Wills
Will contests and family disputes are the biggest threat to probate timelines. What might normally take 8-12 months can stretch into years when litigation begins.
Common disputes that delay probate:
Claims that the deceased lacked mental capacity
Allegations of undue influence by family members
Disagreements over will interpretation
Challenges to the validity of the will itself
When beneficiaries file objections with the court, the probate process stops. The estate trustee cannot distribute any assets until parties resolve disputes through mediation or court proceedings.
Dependant support claims also halt distributions. Family members who believe they were inadequately provided for can file claims against the estate within six months of probate being granted.
Even minor disagreements between beneficiaries can cause delays. For example, siblings who cannot agree on dividing personal belongings or selling the family home may slow the process by months.
Probate cannot proceed until all legal challenges are resolved. Early communication and clear estate planning help avoid lengthy delays.
Probate Fees, Taxes, and Associated Costs
Understanding the financial obligations during probate helps families plan and budget. The Estate Administration Tax is the largest single cost, but additional expenses can add up throughout estate settlement.
Estate Administration Tax Calculation and Payment
The Estate Administration Tax (EAT) is Ontario's official probate fee. We must pay it when applying for a probate certificate.
This tax applies to all estates requiring probate and follows a two-tiered structure.
Current EAT Rates:
First $50,000 of estate value: $5 per $1,000
Estate value over $50,000: $15 per $1,000
No EAT applies for estates valued at $1,000 or less. The calculation uses the total value of all assets requiring probate, not the net estate after debts.
Example Calculations:
$75,000 estate: ($50,000 × $5/$1,000) + ($25,000 × $15/$1,000) = $250 + $375 = $625
$500,000 estate: ($50,000 × $5/$1,000) + ($450,000 × $15/$1,000) = $250 + $6,750 = $7,000
We pay the EAT when filing the probate application. The court requires this payment before issuing the probate certificate.
Want more details on probate costs? See our full breakdown of probate fees in Ontario and what factors can affect them.
Other Costs During Estate Administration
Beyond the Estate Administration Tax, several additional costs can arise during estate administration. We must consider these when budgeting.
Legal fees typically range from $2,000 to $8,000 for straightforward estates. Complex situations cost more, and most lawyers charge hourly rates between $300 and $600.
Appraisal fees are necessary for real estate, business interests, and valuable collectibles. Real estate appraisals cost $300 to $800 per property.
Accounting fees for tax return preparation range from $500 to $2,000, depending on complexity. We often need both final personal returns and estate returns.
Court filing fees beyond the EAT include small administrative costs for additional court documents or amendments to applications.
Executor compensation may apply if the executor charges fees. In Ontario, this is typically 2-5% of the estate value, though family members often waive this compensation.
Strategies to Avoid or Expedite Probate in Ontario
Several legal strategies can help reduce probate delays or avoid the process entirely. Joint ownership structures and beneficiary designations transfer assets directly to recipients.
Professional guidance ensures proper execution of these methods.
Joint Ownership and Beneficiary Designations
Joint ownership with right of survivorship allows assets to pass directly to the surviving owner without probate in Ontario. This applies to real estate, bank accounts, and investment portfolios.
Common joint ownership options:
Joint tenancy for real estate properties
Joint bank accounts with survivorship rights
Joint investment accounts and RRSPs
Beneficiary designations bypass probate for specific assets. RRSPs, RRIFs, TFSAs, and life insurance policies transfer directly to named beneficiaries.
We recommend updating beneficiary information regularly. Outdated designations can create inheritance disputes that delay the entire estate settlement process.
Important consideration: Joint ownership can create unintended tax consequences. Adding adult children as joint owners may trigger capital gains tax on the original owner.
Small Estates and Special Exemptions
Ontario provides simplified procedures for smaller estates. These can expedite the probate process significantly.
Small estate thresholds:
Estates under $150,000 may qualify for simplified procedures
Some assets transfer without formal probate requirements
Bank accounts under certain limits may release funds faster
Special exemptions include:
Household items and personal effects
CPP death benefits and survivor pensions
Small bank accounts (policies vary by institution)
Combining small estate procedures with proper beneficiary designations can eliminate probate for many families.
Financial institutions often have internal policies for releasing funds without probate. Each bank sets different limits, typically ranging from $1,000 to $25,000.
Professional Support and Legal Guidance
Experienced estate lawyers and financial advisors can significantly reduce probate timelines in Ontario.
Legal professionals help with:
Proper estate planning before death occurs
Accurate probate applications to avoid court delays
Complex asset valuations and tax planning
Financial advisors assist with:
Beneficiary designation strategies
Joint ownership structures
Estate trustee responsibilities and timelines
We recommend starting estate planning conversations early. Proper planning can reduce a 12-month probate process to just weeks for asset distribution.
Professional fees typically cost less than probate delays. Legal guidance prevents mistakes that extend timelines by months.
Estate trustees benefit most from professional support during the first 90 days. This period sets the foundation for efficient estate administration.
Conclusion
The probate process in Ontario typically takes 8 to 12 months. While court approval may only take 6 to 8 weeks, settling the estate can take several additional months, especially if the estate is complex or contested.
Starting early and working with a knowledgeable probate lawyer can significantly reduce delays. Gathering key documents promptly and maintaining open communication with beneficiaries also helps the process run smoothly.
If you’ve recently lost a loved one, don’t wait. Contact Probate Law Group for reliable legal support and guidance through Ontario’s probate process.
Frequently Asked Questions
The most common probate questions in Ontario focus on timing, asset requirements, and costs. Some estates can bypass probate entirely, while others face extended timelines depending on specific circumstances.
What is the shortest time probate can take?
In Ontario, the fastest probate cases take about 6 to 8 weeks, just for the court to issue the Certificate of Appointment of Estate Trustee. Some small courts may process it in as little as 10 days, though this is rare.
This timeline only covers the court process, not the full estate settlement. Most estates still take 8 to 12 months to fully administer, even with fast probate approval.
Do all wills in Ontario need to be probated?
No, not all wills in Ontario require probate. Small estates may avoid it if banks or institutions accept other proof of authority, especially for accounts under $25,000–$50,000.
Real estate almost always requires probate unless it’s jointly owned with survivorship rights. Registered assets like RRSPs or life insurance with named beneficiaries also bypass probate.
Who pays probate fees in Ontario without a will?
The estate pays all probate fees, even when there's no will. The person applying to be the estate trustee (administrator) pays upfront, then gets reimbursed from the estate later.
Fees depend on the estate’s value: $5 per $1,000 for the first $50,000, and $15 per $1,000 above that. All fees come out of the estate before anything is distributed to heirs.
Can an estate be settled without probate in Ontario?
Yes, some estates avoid probate depending on the asset types and ownership. Joint property and accounts with designated beneficiaries usually transfer directly.
Small estates may not need formal probate if financial institutions accept other documentation. However, estates with real property or multiple assets generally require court approval.
How long does probate take in Ontario when there is no will?
Probate takes longer without a will, usually 12 to 18 months, compared to 8 to 12 months with a will. The court must confirm legal heirs and their rights under Ontario law.
More documents are needed, like birth and marriage certificates, and disputes between heirs can delay the process. Without a clear will, conflicts and extra legal steps often extend timelines.
What assets are subject to probate in Ontario?
Assets owned solely by the deceased are subject to probate. This includes real estate, personal bank accounts, investments, and personal property like cars or collectibles.
Assets held jointly or with named beneficiaries, like RRSPs or life insurance, usually skip probate. Assets in a trust also avoid probate and follow the trust’s terms directly.