Written by Ron Cooke, President & Founder of Strategic Wealth Protection Partners in Ontario, CEA®, Member of the Estate Planning Council Canada
Do all wills go through probate in Ontario?
Not every Will in Ontario has to go through probate.
Whether probate is required depends on the types of assets you own, how they are registered, whether they have designated beneficiaries, and the financial institutions involved. Some assets pass directly to beneficiaries outside of your estate, while others may require your estate trustee to obtain a Certificate of Appointment of Estate Trustee, commonly referred to as probate.
With proper estate planning, it is often possible to reduce or even eliminate probate on certain assets, while still ensuring your wishes are carried out.
What is probate in Ontario?
Probate is the legal process that confirms your Will is valid and gives your estate trustee the authority to deal with assets that form part of your estate.
Banks, investment firms, and the Ontario Land Registry may require probate before releasing or transferring certain assets. Probate also provides assurance that the person acting as estate trustee has the legal authority to administer the estate.
While probate is sometimes viewed negatively, it is often an important part of properly administering an estate and protecting beneficiaries.
What does probate cost in Ontario?
In Ontario, probate is subject to the Estate Administration Tax, which is approximately 1.5% of the value of estate assets over $50,000 that require probate.
For example, an estate valued at $2 million that is fully subject to probate could pay approximately $29,250 in Estate Administration Tax. The actual cost depends on which assets must pass through the estate, not simply on your total net worth.
With proper planning, many families can legally reduce these costs by ensuring certain assets pass outside of the estate where appropriate.
Ontario Probate Fee Calculator
How can I avoid probate?
Avoiding probate begins with understanding which assets require probate and which do not.
Strategies may include using beneficiary designations, jointly owned assets where appropriate, multiple Wills for certain business owners, trusts in specific situations, and life insurance that pays directly to named beneficiaries.
Every strategy has advantages and disadvantages, so the goal should not be to avoid probate at all costs, but to determine which assets should and should not flow through your estate. A well-designed estate plan often reduces probate while also minimizing taxes, delays, and family conflict.
Should I use a trust to avoid probate?
A trust can be an effective tool for avoiding probate in the right circumstances, but it is not automatically the best solution for every family.
Trusts can provide additional benefits such as asset protection, privacy, and greater control over how and when beneficiaries receive an inheritance, but they also involve legal costs, ongoing administration, and tax considerations.
In many situations, there are simpler and less expensive ways to reduce probate without establishing a trust. The best approach is to compare all available estate planning options and choose the one that provides the greatest overall benefit for your family, not simply the one that saves the most probate fees.
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Taxation is the biggest wealth killer in Canada.
If you’ve worked hard and built substantial assets, then it’s frustrating to know that 50% or more of your assets will go to the government when you die.
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From there, you can take action knowing what the real numbers are and how they’ll affect your family and your wealth.
Read More
If you’re considering life insurance for estate planning, you may find these articles helpful:
- What Is the Cost of a Will in Ontario?
- Living Trust vs a Will in Canada
- How Much Does an Estate Have to Be Worth to Go to Probate in Ontario?
About the Author
RON COOKE, PRESIDENT & FOUNDER OF STRATEGIC WEALTH PROTECTION PARTNERS
With over 30 years in financial services, I’ve seen the challenges families face when a loved one passes—lost assets, unnecessary taxes, and emotional stress. That’s why I created the Living Estate Plan, a comprehensive process to protect assets, eliminate estate and probate fees, and create legacies that are remembered for many years to come.
This plan ensures your family receives not just your wealth, but a meaningful reminder of your care and love. Tools like The Final Word Journal capture your story, wishes, and essential details, offering clarity and comfort during difficult times.
Your final gift should be more than money—it should be peace of mind, cherished memories, and an organized estate.
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