Probate in Toronto: Courthouse, Filing, and Timelines, Serving North York, Etobicoke and Scarborough
A Toronto probate application is filed with the Superior Court of Justice at 330 University Avenue, on the 9th floor, Toronto, ON M5G 1R7. That single registry serves the entire City of Toronto, which means North York, Etobicoke, Scarborough, East York and the former City of York all file at the same counter as downtown. Applications may be filed by email, and where they are, the certificate is emailed back. The rule that decides whether Toronto is your registry is where the deceased lived at the time of death, not where their property or their family is.
Where Exactly Do You File?
330 University Avenue, 9th floor, is the estates office. This is the address for applications for a Certificate of Appointment of Estate Trustee and for a Small Estate Certificate.
It is not 361 University Avenue. That courthouse is a short walk away and handles criminal and family matters. Sending estate materials there causes a delay rather than a rejection, but it is an avoidable one and it happens often enough to be worth stating plainly.
Toronto Region also has a dedicated Estates List. The Estates List handles contested estate, trust and capacity proceedings: will challenges, applications for directions, passings of accounts that are opposed, and removal applications. A routine, uncontested application for a certificate does not go on the Estates List. It goes through the ordinary estates office like any other probate application.
Do the Toronto Boroughs File Separately?
No, and this is the most common local misunderstanding. Amalgamation in 1998 merged the former municipalities into the single City of Toronto. For probate purposes there is one judicial region and one estates registry.
| If the deceased lived in | File at |
|---|---|
| Downtown Toronto, the Annex, Riverdale, Leaside | 330 University Avenue, 9th floor |
| North York, Willowdale, Don Mills | 330 University Avenue, 9th floor |
| Etobicoke, Rexdale, The Kingsway | 330 University Avenue, 9th floor |
| Scarborough, Agincourt, Guildwood | 330 University Avenue, 9th floor |
| East York, the former City of York | 330 University Avenue, 9th floor |
| Mississauga, Brampton or Caledon | The Peel registry in Brampton |
| Markham, Richmond Hill or Vaughan | The York Region registry |
The former borough courthouses handle other matters. There are court facilities in North York and Scarborough, and they do hear cases. They are not where an estates certificate application is filed.
How Do You File, and What Does It Cost?
Filing by email is available. The Superior Court of Justice Consolidated Civil Provincial Practice Direction covers applications for estates certificates, and probate applications and their supporting documents may be filed by email, by regular mail, or in person. Where the application is filed by email, the certificate is emailed back, which removes a trip downtown at both ends.
The Estate Administration Tax is the same in Toronto as everywhere in Ontario. There is no tax on the first $50,000 of estate value, and $15 for every $1,000 or part of $1,000 above that. The value is rounded up to the nearest $1,000 before the calculation. It is paid as a deposit when the application is filed and becomes the tax when the certificate issues. There is a calculator on our homepage running on current rates.
Toronto real estate values push a large number of estates into meaningful tax. A single detached home in most Toronto neighbourhoods will produce an Estate Administration Tax bill well into four figures on its own, before any accounts or investments are counted.
| Toronto estate value | Estate Administration Tax |
|---|---|
| $150,000 | $1,500 |
| $800,000 | $11,250 |
| $1,200,000 | $17,250 |
| $1,800,000 | $26,250 |
How Long Does a Toronto Probate Application Take?
Court processing runs at roughly 15 business days on the regular stream and about 5 business days on the small estate stream, measured from the filing of a complete and correct application.
Processing time is not the same as the overall timeline. Valuing a Toronto property, serving every beneficiary, obtaining a bond where one is required, and gathering date of death balances from several institutions typically take considerably longer than the registrar's work. Our guide on how long probate takes in Ontario covers the end to end picture stage by stage.
A deficient application takes longer. The registrar issues a notice identifying the missing information or documentation, and the certificate cannot issue until it is corrected and the revised or additional material is submitted.
Which Certificate Does a Toronto Estate Need?
Most need a Certificate of Appointment of Estate Trustee, with a will or without a will, applied for on Form 74A. Our guide to the Certificate of Appointment of Estate Trustee explains what it does.
The small estate stream is narrower in Toronto than elsewhere in the province, for a reason that has nothing to do with the rules. The $150,000 threshold is measured against the whole estate, and a Toronto estate that includes any real property will usually exceed it. The small estate route tends to be available here for estates of accounts and personal property rather than estates with a house. Our guide to the Small Estate Certificate covers the $150,000 fast track and the 30 day notice period that comes with it.
Where This Goes Wrong
Filing where the property is rather than where the deceased lived. A Scarborough resident who owned a cottage in Muskoka files in Toronto. The rule follows the residence at death.
Long-term care complicates residence, and it is fact-specific. A parent who moved from Etobicoke into a long-term care home in Peel may or may not have changed their residence for this purpose. It depends on the circumstances, and no fixed period of time in a facility settles it. Where the answer is genuinely unclear, it is worth resolving before filing rather than after a rejection.
Sending materials to 361 University. Estates are on the 9th floor at 330.
Assuming the Estates List is where a routine application goes. It is for contested proceedings.
Undervaluing a Toronto home to reduce the tax. The value must be supportable as at the date of death. A sale shortly afterwards at a materially different figure invites questions, and the Ministry of Finance can assess or reassess within four years of the tax becoming due, and at any time where information was never filed or was misrepresented.
We are a Toronto firm, at First Canadian Place, 100 King Street West, Suite 5700. If you are administering an estate anywhere in the city, you can book a free call and we will tell you what your application needs. Ask us whether you qualify for our Fixed-Fee Probate Service and No-Surprise Pricing Guarantee.
Frequently Asked Questions
Where do you file probate in Toronto?
At the Superior Court of Justice estates office, 330 University Avenue, 9th floor, Toronto, ON M5G 1R7. This registry serves the entire City of Toronto. Applications may be filed by email, by mail or in person, and where filed by email the certificate is emailed back.
Do North York, Etobicoke and Scarborough have their own probate courts?
No. Since amalgamation the former boroughs form part of the City of Toronto and all file at 330 University Avenue. There are court facilities in some former boroughs, but estates certificate applications are filed at the Toronto estates office.
How long does probate take in Toronto?
Court processing is roughly 15 business days on the regular stream and about 5 business days on the small estate stream, from the filing of a complete application. The full administration takes considerably longer, because valuation, service on beneficiaries and asset gathering all happen around the court's part of the work.
How much is probate tax on a Toronto house?
The tax is calculated on the whole estate, not on the house alone: nothing on the first $50,000, then $15 for every $1,000 or part of $1,000 above that. An estate of $1,200,000 produces $17,250. Any mortgage or other encumbrance registered against the property is deductible from the value.
What is the Toronto Estates List?
It is a specialised list within the Toronto Region of the Superior Court of Justice for contested estate, trust and capacity proceedings, including will challenges, contested passings of accounts and applications for directions. Routine uncontested applications for a certificate do not go on it.
Can you file a Toronto probate application by email?
Yes. Applications for a Certificate of Appointment of Estate Trustee and a Small Estate Certificate, together with supporting and responding documents, may be filed by email under the Superior Court of Justice Consolidated Civil Provincial Practice Direction, and the certificate is emailed back.
This article provides general information about Ontario law and is not legal advice. Speak with a lawyer about your specific circumstances.
