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Do I need a lawyer to apply for probate?

Not legally, but most executors use one for anything beyond a simple estate. The fees are an estate expense.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Not legally, but most executors use one for anything beyond a simple estate. The fees are an estate expense.

The Canadian position

Not legally, but most executors use one for anything beyond a simple estate. The fees are an estate expense.

Provincial law governs administration, so confirm the position where the estate will actually be administered.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Apply for probate of an estate — Government of Ontario
  2. Estate Administration Tax — Government of Ontario
  3. Estates Act, RSO 1990, c E.21 — Government of Ontario
Further reading — Treadstone Law
  1. Estate pays executors personal lawyer fees ontario — Treadstone Law
  2. Estate administration tax ontario how probate fees calculated — Treadstone Law
  3. Ontario estate administration tax probate fees explained — Treadstone Law
  4. Where to apply for probate ontario jurisdiction — Treadstone Law
  5. Wills & estates practice — Treadstone Law