Probate & Estate Administration Lawyers and Law Firms

How does Probate and Estate Administration Work in Ontario?

Probate is the legal process that occurs after a person dies, where the deceased's assets are distributed to their beneficiaries. In Canada, this process is governed by provincial legislation, which means that the exact requirements for probate and estate administration may differ slightly depending on the province.

Typically, the process begins with the executor of the will (or the administrator if there is no will) applying to the court for a grant of probate. This grant confirms the validity of the will and authorizes the executor to administer the estate. The executor is then responsible for identifying and valuing the deceased's assets, paying any debts or taxes owed, and distributing the remaining assets to the beneficiaries in accordance with the will.

The process can be complex, particularly if there are disputes among beneficiaries or if the estate is large and includes numerous assets. It's important for the executor to seek legal advice to ensure that they are fulfilling their duties appropriately and that the estate is administered in a timely and efficient manner.