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What is an estate inventory?

The sworn list of estate assets and their values at the date of death, filed with the probate application.

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

The sworn list of estate assets and their values at the date of death, filed with the probate application.

The Canadian position

It determines the probate tax payable and must be accurate — it is sworn evidence.

Undervaluing assets to reduce probate tax exposes the executor to serious consequences.

The Islamic position

The inventory is the base the faraid fractions are applied to, so its accuracy affects every share.

Valuation is at the date of death; later movements affect value, not entitlement.

Researched — the schools differ

The estate is fixed at death, not at distribution. The heirs become owners of the assets themselves the moment the deceased dies, without having to accept anything, so a later distribution is a partition of property they already own rather than the payment out of a valuation struck on the day it happens. On a debt-free estate the Kuwaiti Mawsu’a records no disagreement at all among the jurists that the estate and everything it has since earned belongs to the heirs, each according to his share — so post-death rent, profit and appreciation follow the faraid fractions. The schools do differ, and the difference is worth knowing, where the estate carries a debt: it decides whether the income earned between the death and the payment of the debt belongs to the heirs or is swept back to the creditors.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Is the estate valued at the date of death or the date of distribution?.

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
  4. Estate Administration Tax — Government of Ontario
Further reading — Treadstone Law
  1. How cra values assets deemed disposition death canada — Treadstone Law
  2. Reduce probate fees ontario — Treadstone Law
  3. Probate tax exempt assets ontario — Treadstone Law
  4. No one applies for probate ontario consequences — Treadstone Law
  5. Wills & estates practice — Treadstone Law