Probate

Probate is a legal process where a court recognises the validity of a will and affirms the appointment of the named executor(s). Each Province has their own distinct Probate process. For example, in Ontario the named executor(s) in a will apply to the Superior Court of Justice to get a Certificate of Appointment of Estate Trustee, granting them legally authority to act for the Estate. In Nova Scotia, the named executor(s) applies to the Court of Probate for Nova Scotia and receives a Grant of Probate to act as personal representative of the Estate.

No. Probate is necessary in the following circumstances:

i. A bank requires it when the deceased person has a bank account over a certain threshold amount – each bank sets their own threshold;

ii. There is real estate in the Estate and the property registry requires the Estate to go through Probate to sell or transfer ownership of real estate; and

iii. The Estate is involved in litigation and a the executor needs to get legal authority to represent the Estate in a court claim.

Yes, all provinces with the exception of Manitoba charge some kind of fee when an Estate goes through Probate. Provinces such as Prince Edward Island and Alberta have low Probate Fees. Provinces such as Nova Scotia, Ontario and British Columbia charge a percentage of the overall Estate and have the highest Probate fees.

There is no fixed timeline. However, it usually takes a minimum of 12 to 18 months to complete.

No, but legal advice and assistance is highly recommended. A competent lawyer can help the executor(s) navigate the Probate process more quickly than someone who is not familiar with the process and give good advice on how an executor carries out their duties and obligations to the Estate and beneficiaries.