Is Probate Required in Ontario?

Written by Ron Cooke, President & Founder of Strategic Wealth Protection Partners in Ontario, CEA®, Member of the Estate Planning Council Canada

Is Probate Required in Ontario? Understanding When Probate is Necessary for Estates

Is probate required in Ontario? Whether probate is required depends on the type, value, and ownership of the assets in the deceased’s estate.

While many people hope to avoid probate due to the cost and paperwork involved, probate isn’t inherently negative. It confirms the executor’s legal authority to manage and distribute estate assets. The court’s appointment of the estate trustee formally empowers that person to handle financial matters and complete the estate administration.

In essence, probate ensures that the deceased’s wishes are carried out properly and prevents the unlawful transfer of assets. Understanding when probate is required in Ontario is essential, as the process can affect timelines, costs, and how quickly loved ones can access estate property.

Brief Overview

Probate affects the transfer, taxation, and administration of estate assets. 

Probate is often necessary for the following assets:

• assets held solely in the deceased’s name
• high-value investments
• properties

However, probate can be avoided with joint ownership, named beneficiaries, or trusts. Strategic estate planning can help families reduce probate exposure and preserve wealth. Strategies that work include organizing asset titles and reviewing beneficiary designations. 

Working with an estate expert enables families to minimize fees and streamline the process.

Key Highlights

• Ontario does not charge an Estate Administration Tax on the first $50,000 of the estate.
• Probate is often required for Ontario estates with high-value sole ownership assets, such as investments, real estate, or business holdings.
• Joint ownership, designated beneficiaries, and trusts allow affluent Canadians to bypass probate, saving time and minimizing estate taxes or delays.
• The Ontario probate process offers legal oversight, safeguards beneficiary interests, and prevents fraud or disputes over complex estates and wills.
• Effective estate planning—using beneficiary designations, life insurance, trusts, and proper asset titling—can prevent avoidable wealth loss and simplify estate settlement.
• Professional advice ensures you structure your estate effectively, reduce probate exposure, and protect your legacy for future generations.

What Is Probate and Its Role in Ontario Estate Planning?

Probate is a crucial part of estate administration under Ontario estate law.

Put simply, probate is the legal process by which the court confirms the validity of the deceased’s will and grants an estate trustee (commonly called an executor) the authority to manage the assets and settle the estate. The court-issued document, also called a certificate or estate certificate, is proof that the trustee has the legal authority to manage the deceased’s financial affairs.

The probate process begins when the executor submits an application for a Certificate of Appointment of Estate Trustee.

Probate’s role in estate planning is more than just a legal formality.

In Ontario, the probate process acts as a safeguard, ensuring that the deceased’s assets are distributed according to their wishes. This step confirms the legitimacy of both the will and the chosen executor. The estate trustee then gains the power to sell property, access bank accounts, transfer investments, and manage valuable estate assets. 

Without probate, most financial institutions and Land Registry Offices won’t work with the executor, potentially freezing accounts and delaying the distribution of wealth.

Ontario probate also offers protection to beneficiaries.

If you want to be confident that your estate will avoid unnecessary tax or legal complications, proactive estate planning, including preparing for probate, should be an essential part of your legacy strategy.

📖Read More: Probate Fees Ontario: How to Calculate and Plan for Probate 

Is Probate Required in Ontario? Key Factors That Trigger Probate

Certain assets end up requiring probate before institutions will release them.

The need for probate arises based on the type of assets owned, their value, and the legal arrangements under which they’re held. When there are investments, primary residences, and additional properties in an estate, understanding the factors that require a court-supervised probate process is critical.

Probate doesn’t automatically apply to every estate; rather, certain triggers make a probate application necessary to access or transfer specific property or investments. Knowing these triggers helps Canadians protect their wealth and ensure a smooth estate settlement for their loved ones.

Situations That Typically Require Probate in Ontario

1. When the person who died owned significant assets like a valuable home, investment portfolio, or multiple properties.
2. When banks, trust companies, or investment firms require a probate certificate before releasing funds or accounts.
3. When the Ontario Land Registry Office needs probate to transfer a property title.
4. When a will is involved and there may be conflict, unrelated beneficiaries, or a chance of a challenge.
5. When the deceased owned real estate in their name alone (not joint tenancy with right of survivorship).
6. When assets have no named beneficiary.
7. When the person owned shares in a private corporation.
8. When the estate includes cross-border assets, such as U.S. property or foreign investments.
9. When the authenticity of the will is in question, or there are multiple or missing wills.
10. When the estate is high-value or complex, often over $5 million.
11. When institutions want legal protection to ensure the right person is managing the estate.

Types of Assets and Ownership Structures Requiring Probate

1. High-value estates with mixed assets should expect multiple probate requirements unless assets are jointly held or have named beneficiaries.
2. Probate is usually required for assets held only in the deceased’s name, such as investment accounts, registered plans without beneficiaries, and individually owned real estate.
3. Individually owned real property, such as a home or cottage, almost always requires probate before it can be transferred or sold.
4. Sole-owned properties such as valuable homes, cottages, or land cannot be sold or transferred without probate confirming the trustee’s authority.
5. Property held as tenants-in-common triggers probate because the deceased’s share becomes part of the estate.
6. RRSPs, RRIFs, and TFSAs avoid probate only if a named beneficiary is in place; otherwise, probate is required.
7. Business interests such as shares in a private corporation almost always require probate before shares can be transferred.
8. Estates with international assets or property held through trusts, holding companies, or corporations typically require probate.
9. Foreign banks and government agencies often demand Ontario probate documents before recognizing the estate trustee.

When Is Probate Not Required in Ontario?

Probate isn’t always needed in Ontario, and many estates can be settled without going through the court process. 

For example, jointly owned assets often pass directly to a surviving spouse, bypassing probate entirely. Whether probate is required depends mostly on how the assets are owned and whether they transfer automatically to someone else. 

Certain accounts, property arrangements, and beneficiary designations allow assets to pass directly to heirs. In these situations, the estate trustee can often move forward without applying for probate.

Situations That Typically Do Not Require Probate in Ontario

1. Assets are held in joint tenancy with right of survivorship, allowing them to pass directly to the surviving joint owner.
2. Registered accounts (RRSPs, RRIFs, TFSAs) or life insurance policies have a valid named beneficiary.
3. The deceased owned no real estate in their name alone.
4. The estate consists only of personal items or low-value assets that financial institutions will release without probate.
5. Bank accounts or investment accounts are jointly owned with a spouse or partner.
6. Assets are held in a living trust or an alter ego trust created before death.
7. Property or investments are owned through a corporation, so no personal title transfer is required at death.
8. All assets pass automatically through beneficiary designations or joint ownership, leaving no solely owned property needing court confirmation.
9. Small amounts of personal property—like household belongings—can usually be transferred without probate.

Types of Assets and Ownership Structures that Don’t Require Probate

1. Assets held in joint tenancy with right of survivorship, where ownership passes directly to the surviving joint owner.
2. Registered accounts—RRSPs, RRIFs, TFSAs—with a valid named beneficiary.
3. Life insurance policies with a named beneficiary.
4. Joint bank accounts or jointly held investment accounts that transfer automatically to the surviving owner.
5. Personal belongings and low-value assets that institutions will release without probate.
6. Assets held in a living trust or alter-ego trust created before death.
7. Property or investments owned through a corporation, where the deceased did not personally hold title.
8. Any asset with a valid beneficiary designation or automatic transfer mechanism in place.

Do I Need Probate for My Situation in Ontario in 2026?

Asset Type	Ownership / Designation	Probate Required in Ontario (2026)?	Notes
Real estate (house, condo, cottage)	Solely in the deceased’s name	YES	Land Registry will not transfer title without probate
Real estate	Joint tenancy with right of survivorship	NO	Passes automatically to surviving owner
Real estate	Tenants-in-common	YES (only deceased’s share)	Share forms part of estate
Bank accounts / GICs	Sole name	Usually YES	Most banks require probate over ~$25K–$50K
Bank accounts / GICs	Joint with right of survivorship	NO	Passes directly to survivor
RRSP / RRIF / TFSA	Named beneficiary (spouse, child, etc.)	NO	Paid directly to beneficiary, bypasses estate
RRSP / RRIF / TFSA	No beneficiary OR estate named as beneficiary	YES	Flows into estate and probate is required
Life insurance / segregated funds	Named beneficiary	NO	Paid directly (exception: if estate is beneficiary, then YES)
Non-registered investment accounts	Sole name or tenants-in-common	YES	Brokerage usually demands probate
Non-registered investment accounts	Joint with right of survivorship	NO	Passes to survivor
Shares in private corporation	Held personally (not through holding company)	YES	Almost always requires probate
Personal belongings, vehicles, furniture	Any	Usually NO	Unless very high value or financial institution holds the title
Assets inside a living trust or alter-ego trust	—	NO	Held outside the estate entirely
Small estates (total value ≤ $150,000, no real estate)	—	Possibly NO (Small Estate Certificate)	Simplified process introduced 2021, still valid in 2026

The Ontario Probate Process

Navigating probate in Ontario is particularly important for affluent families with significant investments, real estate, or business interests.

Probate is the legal step that gives the executor authority to access assets, settle debts, and carry out the deceased’s wishes. The probate process begins when the executor submits a probate application (with the will, proof of death, and asset values) to the Superior Court of Justice for approval. Once the estate certificate is issued, the executor can manage property sales, business interests, taxes, and final distributions, all while keeping detailed records for the court and beneficiaries.

For high-value or complex estates, early preparation and expert guidance help avoid delays, reduce risk, and ensure the estate is administered smoothly and professionally.

Minimizing Wealth Loss: Estate Planning Strategies for Affluent Canadians

For affluent Canadians, minimizing wealth loss through strategic estate planning is crucial.

When the value of your estate includes millions in investments, a primary residence, and additional properties, your estate will see a huge tax hit if proper planning has not been done. The intersection of estate law and taxes means every decision you make can have a direct impact on your heirs.

While probate is sometimes unavoidable, a well-designed plan lets you avoid probate on certain assets, reduce estate administration tax, and keep your wealth where it belongs: within your family.

Review these tips to ensure that you’re doing everything possible to preserve generational wealth:

• Review your estate plan regularly (especially after major life or financial changes) to keep everything current and aligned with your goals.
• Choose a capable estate trustee or executor who understands complex assets, and give them a clear, organized will with all key details and backup plans.
• Work with estate planning professionals who understand Ontario estate law, probate, taxation, and cross-border issues to ensure your plan is airtight.
• Use smart asset titling—such as joint tenancy with right of survivorship—to transfer property directly to a survivor and avoid probate where possible.
• Consider life insurance as a tax-efficient tool to preserve generational wealth.
• Regularly review and update beneficiary designations on RRSPs, RRIFs, TFSAs, and life insurance so these assets bypass probate.
• Investigate using trusts (living trusts, family trusts, alter-ego trusts) to move assets out of your estate, reduce probate exposure, and maintain privacy.
• For business owners, use shareholder agreements, buy-sell arrangements, holding companies, and trusts to streamline business succession and reduce estate complexity.
• Keep business assets separate from personal assets and update shareholder agreements and your will as circumstances change.
• Keep an up-to-date digital inventory of assets.
• Name alternate executors to prevent delays or errors during settlement.

Common Questions

How can you avoid probate in Ontario?

You can avoid probate in Ontario by holding assets in joint tenancy with right of survivorship, naming beneficiaries on RRSPs, RRIFs, TFSAs, and life insurance, using trusts, keeping assets in corporations, and ensuring no property or accounts are held solely in your name without a beneficiary or joint owner. Work with a professional estate planning expert in Ontario to ensure your estate has been correctly structured.

What is probate, and why is it required in Ontario?

Probate is the court process that confirms the validity of a will and gives the estate trustee (executor) the legal authority to manage and distribute a deceased person’s assets. In Ontario, probate is often required for assets held solely in the deceased’s name, such as real estate, investments, or business shares.

Why is proactive estate planning important for affluent families in Ontario?

Effective estate planning helps minimize probate fees, reduce taxes, and ensure assets are transferred smoothly to heirs. Strategies like joint ownership, proper beneficiary designations, and the use of trusts can protect significant wealth. Working with an Ontario estate planning expert helps families safeguard their legacy and prevent delays or legal complications.

Who decides if a will needs to be probated in Ontario?

The need for probate is decided by the institutions holding the assets—banks, investment firms, and the Land Registry—based on how the assets are owned. The court confirms it through the probate application.

Can a bank release funds without probate in Ontario?

A bank can release funds without probate in Ontario, but only for small amounts within the bank’s internal limits. For larger accounts, banks almost always require probate.

What is a dual wills strategy for private company shares?

Ontario business owners may use a “dual will” strategy which means there is one will for probate assets and another for non-probate assets such as shares in a private corporation. Business owners do this to reduce or eliminate probate fees on those shares.

Are probate fees separate from capital gains tax and income tax on the terminal tax return?

Probate fees in Ontario are a court filing cost—not a tax owed to CRA. Taxes owing on the deceased’s final return, such as capital gains tax on real estate or RRIF income, are assessed separately and must be paid before the estate can be fully distributed.

What is the role of secondary wills in Ontario?

High-net-worth individuals often use secondary wills to divide probate-required assets from those that do not require court approval, such as shares in private corporations, artwork, or personal property. This strategy reduces the overall estate administration tax burden.

Final Thoughts

Determining whether probate is required in Ontario depends on your estate’s specific assets and complexity. 

Taking proactive steps and consulting with an experienced estate planning professional can help safeguard your wealth, ensure a smoother transition for your heirs, and potentially minimize probate costs. If you want to protect your family’s legacy and reduce unnecessary taxes and delays, reach out today for expert advice tailored to your unique situation. 

Discover How to Minimize Taxes and Secure Your Legacy

Did you know that without a solid estate plan, taxes and fees in Ontario could claim a significant portion of your wealth? 

If you’ve worked hard to build your business, investments, and properties, protecting your legacy for your loved ones is critical. At Strategic Wealth Protection Partners, we specialize in helping high-net-worth individuals in Ontario secure their financial futures.

Our Living Estate Plan is designed to:

• Reduce estate taxes and probate fees.
• Simplify wealth transfer to your loved ones.
• Reflect your values and priorities in every detail.

Your Legacy Matters

With our personalized guidance, we’ll help you navigate options like Living Trusts to protect your assets and ensure your family’s peace of mind. Contact us today to book your Living Estate Plan Consultation and take the first step toward a secure future.

Schedule a Living Estate Plan Consultation

Planning your legacy is about more than numbers—it’s about ensuring your family remembers you and your values are honoured for many years to come.

Estate planning and trusts can feel overwhelming, especially if it’s your first time. That’s why we’re here.

With our simple, 5-Step Living Estate Plan, we make the process easy, helping you create a comprehensive estate plan or trust that protects your assets from taxes and probate fees while preserving your legacy. Tools like The Final Word Journal capture your story, wishes, and essential details like accounts and end-of-life plans, ensuring your family has clarity and comfort.

Take the first step today—schedule a consultation call and give your family the ultimate gift: peace of mind and the assurance they were always your priority.

Read More

If you’re starting your estate planning process, you may find these articles helpful:

• What Is the Best Trust to Avoid Probate in Canada?
• How Much Is Probate Tax in Ontario?
• Probate Fees Ontario: How to Calculate and Plan for Probate
• How to Avoid Probate in Ontario

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About the Author

RON COOKE, PRESIDENT & FOUNDER OF STRATEGIC WEALTH PROTECTION PARTNERS

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