Probate is Ontario’s process for confirming a will and authorising someone to act. It does not decide who inherits — it authorises the person who gathers and distributes.
Cost and process in Ontario
| Item | Ontario |
|---|---|
| Governing statute | Succession Law Reform Act |
| Court | Superior Court of Justice |
| Handwritten (holograph) wills | Valid |
| Probate cost | Estate Administration Tax: nil on the first $50,000, then about $15 per $1,000 of value above that (roughly 1.5%). A Small Estate Certificate is available for estates of $150,000 or less. |
| Spouse’s share on intestacy | $350,000 for deaths on or after 1 March 2021 ($200,000 before that date). |
| Will registry | No central, searchable government registry of wills — the Government of Ontario’s own guidance points only to “private” will registries and to the court records of the courthouse nearest where the deceased lived. A living person may deposit a will with the Superior Court registrar for safekeeping (Estates Act, s. 2; $28), and after death anyone may inspect it on proof of death. But the public cannot search Ontario-wide: only the registrar can, and only when someone applies for probate, at which point the court must confirm no later will is on deposit anywhere in the Superior Court. That is the gap a registry fills. |
| Claims against the estate | Dependant support claims under Part V of the Succession Law Reform Act. Ontario does not have a BC-style wills variation regime for independent adult children. |
What the executor has to do
- Locate the original will and confirm it is the latest one.
- Apply to the court for authority to act.
- Identify and secure the assets; notify institutions.
- Pay funeral expenses, debts and taxes — including the deemed disposition on death.
- Obtain a CRA clearance certificate before distributing.
- Distribute, and account to the beneficiaries.
An executor who distributes before debts and taxes are settled, or who fails to search properly for a will, can be held personally responsible. This is the reason a documented search matters.
The Islamic order of payment
Classical fiqh sets the same sequence Canadian administration follows in practice: funeral expenses first, then debts, then the wasiyyah up to one third, then the faraid shares. An unpaid mahr ranks as a debt of the estate, ahead of any bequest or inheritance.
Common questions
How long does probate take?
Commonly several months to over a year, depending on the court's backlog, the complexity of the estate, and how quickly a CRA clearance certificate is issued.
Can the funeral be paid before probate?
Usually yes. Most financial institutions will release funds from the deceased's account for funeral expenses specifically, which matters given how quickly a janazah takes place.
Does every estate need probate?
No. Estates consisting only of jointly held property and assets with named beneficiaries may avoid it entirely. That is avoidance of PROBATE; whether those assets also fall outside the faraid shares is disputed among contemporary scholars, and several fatwa bodies say it does not.
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.
- What to do when someone has died — Canada Revenue Agency
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Estate administration tax value vs deemed disposition value ontario — Treadstone Law
- Deemed disposition private company shares death canada — Treadstone Law
- Distribute estate before clearance certificate ontario — Treadstone Law
- How cra values assets deemed disposition death canada — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law