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Do I need probate if there is a will?

Not automatically. Probate is required when an institution holding an asset demands proof of the executor's authority.

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

Not automatically. Probate is required when an institution holding an asset demands proof of the executor's authority.

The Canadian position

Land registry and most investment firms require a grant. Small bank balances often do not.

Whether you need it is driven by the asset holders, not by a legal rule.

The Islamic position

Probate is procedural and does not affect who inherits.

A faraid distribution is carried out through probate, not despite it.

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. Probate required ontario when — Treadstone Law
  2. What is probate ontario is it always required — Treadstone Law
  3. Ontario land titles vs registry system — Treadstone Law
  4. Bank refuses small estate certificate ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law