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A common task an estate trustee should consider when preparing for the distribution of an estate with a Will, is the probate process. This blog post aims to provide a refresher on the probate process.

Firstly, to provide a brief overview on “what probate is”; which is the official recognition and approval by the court of a deceased individual’s will. It confirms the will’s authenticity and grants the named executor the legal authority to carry out the deceased’s wishes regarding the distribution of assets, settlement of debts, etc.

In Ontario, to begin the probate process, the executor files an application with the Superior Court of Justice. This application includes (and is not limited to) documents such as the original will, an inventory of assets and liabilities of the deceased, an estate information return, and the requisite probate fees.

With this process, once the court reviews the submitted documents and confirms their validity, it issues a “Certificate of Appointment of Estate Trustee with a Will”. This document authorizes the executor to manage and distribute the estate as per the terms outlined in the will. Throughout this process, it is the responsibility of the executor to gather the deceased’s assets, settle debts and taxes of the deceased, and distribute the assets to the beneficiaries as outlined in the will.

Probate can be a complex and time-consuming procedure; however, the process helps ensure that the deceased’s intentions are fulfilled accordingly.

In conclusion, understanding the probate process in Ontario ensures a smoother transition during what can be a challenging time. If you have any questions about probate or would like to commence the probate process, feel free to reach out to our office for further information. Contact us at (905) 270-6660 or e-mail us at: info@kormans.ca.

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Daniel Kuchuk is an Associate Lawyer at Kormans LLP. You can reach Daniel here: dkuchuk@kormans.ca.

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