Ontario Executors: Probating an Estate Can Be Nasty and Confusing, Get Experienced Legal Advice


You may be able to work with any lawyer to get through probate.

But getting the right experienced estate lawyer is important. You can avoid problems later when you need to close an estate.

Should you try working through the probate rules by yourself? That depends on what assets the estate has. If there is only a bank account, you may not even need to probate the will.

Ontario’s Estate Administration Tax

Since January 2020, Ontario does not charge provincial estate tax on the first $50,000.00 in an estate. What does that mean to executors?

You can deal with amounts under $50,000.00 without probate. This limit does not apply to designated assets that are not controlled by wills. These assets include TFSAs, registered retirement plans, insurance or pensions designated to named individuals and not the deceased’s estate.

How you start handling an estate can be crucial to your success. You may be involved in the estate for 1-3 years, or more.

Income Tax Clearance

You won’t try to distribute the estate until you have an income tax clearance certificate. This clearance certificate protects you from being personally liable for unpaid taxes. You request this certificate only after all income taxes are assessed and paid.

Making mistakes on final tax returns can delay everyone getting their share of the estate.

Beneficiaries can become antsy when they have to wait for their money. They can hire lawyers to ask questions. You and your lawyer may not have good answers.

Are you stuck trying to resolve estate or probate issues?

I can offer you probate relief. I help executors distribute estates and close them. I work by appointments only. Make an appointment for a face-to-face consultation.

Not All Lawyers Are Equal

I am an Ontario Certified Specialist in Estates and Trusts Law. I have written numerous books on estate law. I taught estate planning courses for lawyers being called to the bar. I have spoken to professional and personal audiences across Canada. Please let me know if you need my help.