Probate in Mississauga and Brampton: Filing at the Peel Region Courthouse
There is no probate court in Mississauga. Estates for Mississauga, Brampton and Caledon are all filed at the A. Grenville and William Davis Courthouse, 7755 Hurontario Street, Brampton, ON L6W 4T1, which is the Superior Court of Justice registry for the Regional Municipality of Peel. Applications may be filed by email, in which case the certificate is emailed back and nobody needs to drive to Brampton. What decides whether Peel is your registry is where the deceased lived at the time of death.
One Region, One Registry
Peel Region covers three municipalities and has a single Superior Court registry. Mississauga is by a wide margin the largest of the three by population, which is why the absence of a Mississauga estates counter surprises people. The Davis Courthouse in Brampton serves all of it.
| If the deceased lived in | File at |
|---|---|
| Mississauga, including Streetsville, Port Credit, Malton, Meadowvale | Davis Courthouse, 7755 Hurontario Street, Brampton |
| Brampton, including Bramalea, Heart Lake, Springdale | Davis Courthouse, 7755 Hurontario Street, Brampton |
| Caledon, including Bolton, Caledon East, Inglewood | Davis Courthouse, 7755 Hurontario Street, Brampton |
| Oakville, Milton or Burlington | The Halton registry |
| Toronto, including Etobicoke | 330 University Avenue, Toronto |
| Vaughan or Woodbridge | The York Region registry |
The Peel and Halton boundary catches people out. Mississauga borders Oakville, and families frequently have connections on both sides of Winston Churchill Boulevard. Halton estates are not filed in Brampton.
The Toronto boundary catches people out for the same reason. Etobicoke adjoins Mississauga, and an Etobicoke resident files in Toronto rather than Peel, however close to the border they lived.
How Do You File in Peel?
By email, by mail, or in person. The Superior Court of Justice Consolidated Civil Provincial Practice Direction covers applications for estates certificates. Filing by email is available for both the regular and small estate streams, and the certificate is emailed back.
Email filing matters more in Peel than in some regions, because the registry serves a large and geographically spread population. A Caledon estate trustee is a considerable drive from Hurontario Street, and the email route removes it.
The Estate Administration Tax is provincial and does not vary by region. Nothing on the first $50,000, then $15 for every $1,000 or part of $1,000 above that, with the estate value rounded up to the nearest $1,000 before the calculation. It is paid as a deposit on filing and becomes the tax when the certificate issues. Our homepage calculator runs the current rates.
| Peel estate value | Estate Administration Tax |
|---|---|
| $150,000 | $1,500 |
| $700,000 | $9,750 |
| $1,000,000 | $14,250 |
| $1,500,000 | $21,750 |
What Does the Application Involve?
Establish where the deceased lived at the time of death. This decides the registry, and it is the first thing to settle rather than the last.
Establish whether there is a valid will, which decides whether you are applying with a will or without a will.
Value the estate as at the date of death, including any Peel real property, at a supportable figure.
Serve every beneficiary before filing. On the small estate stream, notice must be given at least 30 days before the application is filed.
Arrange a bond if one is required, which on an intestacy is the default position under section 35 of the Estates Act, with the amount set by section 37(1).
Prepare Form 74A, or Form 74.1A for a small estate, with supporting affidavits.
File with the Peel registry and pay the tax deposit.
File the Estate Information Return within 180 days of the certificate issuing, with the Ministry of Finance.
Our guide to the Certificate of Appointment of Estate Trustee covers what the certificate does, and our guide to the Small Estate Certificate covers the $150,000 stream.
How Long Does It Take in Peel?
Court processing runs at roughly 15 business days on the regular stream and about 5 business days on the small estate stream for a complete and correct application.
The small estate route can finish later than the regular route. The 30 day notice period runs before filing, so an estate that qualifies for the fast track may still reach its certificate after an estate on the regular stream, where notice is served and the application follows without a prescribed wait. The small estate route is simpler, not automatically quicker. Our guide on how long probate takes in Ontario covers the wider timeline.
Where This Goes Wrong
Filing in Toronto because the family lives there. Residence at death governs, not convenience and not where the beneficiaries are.
Assuming Mississauga has its own estates office. It does not, and turning up at a Mississauga civic building with an application costs a day.
Long-term care and the residence question. Peel has a substantial long-term care sector, and estates frequently involve a parent who moved into a facility from another municipality. Whether that changed their residence for filing purposes is fact-specific, and no fixed period in a facility settles it.
Missing the 30 day notice period on a small estate. It runs before filing, and an application filed early is returned.
Underestimating a Peel property. Values must be supportable at the date of death. The Ministry of Finance may assess or reassess within four years of the tax becoming due, and at any time where information was never filed or was misrepresented.
Forgetting the Estate Information Return. It is separate from the tax deposit, it goes to the Ministry of Finance, and the 180 day clock runs from the certificate.
If you are administering an estate anywhere in Peel, you can book a free call and we will tell you what your application needs and what it will cost. Ask us whether you qualify for our Fixed-Fee Probate Service and No-Surprise Pricing Guarantee.
Frequently Asked Questions
Where do you file for probate in Mississauga?
At the A. Grenville and William Davis Courthouse, 7755 Hurontario Street, Brampton, ON L6W 4T1. Mississauga has no separate estates registry. The Davis Courthouse is the Superior Court of Justice registry for all of Peel Region.
Is probate different in Brampton than in Mississauga?
No. Both are within Peel Region and both file at the same registry, under the same rules, with the same forms and the same Estate Administration Tax. The only thing that changes between them is the drive.
Where do Caledon estates get filed?
At the Davis Courthouse in Brampton, along with Mississauga and Brampton estates. Caledon forms part of the Regional Municipality of Peel for this purpose, including Bolton, Caledon East and the surrounding communities.
Can you file a Peel probate application by email?
Yes. Applications for a Certificate of Appointment of Estate Trustee and a Small Estate Certificate may be filed by email under the Superior Court of Justice Consolidated Civil Provincial Practice Direction, along with supporting documents, and the certificate is emailed back.
What if the deceased lived in Mississauga but owned property elsewhere?
The application is filed where the deceased lived at the time of death, so Peel. Property elsewhere in Ontario is still included in the estate value for the Estate Administration Tax. Real property outside Ontario is excluded from that calculation and is dealt with under the law of the place where it is located.
How much is probate in Peel Region?
The Estate Administration Tax does not vary by region: nothing on the first $50,000, then $15 for each $1,000 or part of $1,000 above that, so an estate of $1,000,000 produces $14,250. Legal fees are separate from the tax and depend on the complexity of the application.
This article provides general information about Ontario law and is not legal advice. Speak with a lawyer about your specific circumstances.
