Estate law

Question: Will my executor need to apply for a Certificate of Appointment of Estate Trustee with a Will (“probate”) even if I have a small estate when I die? 

Answer: Over the last number of years, we have seen an increase in the requirement for a Certificate of Appointment of Estate Trustee With a Will (or Without a Will) (“probate”), in order to deal with even a very modest estate. The process for an executor to apply to manage an estate in Ontario has historically been the same whether the estate was worth $10,000 or $10,000,000. The probate process can be costly and time consuming, which can be frustrating for executors trying to deal with modest estates. 

Thankfully, effective April 1, 2021, a simplified process for a “Small Estate Certificate” has been introduced as an alternative to the traditional probate process for estates with a value up to $150,000.

Some details of the process for small estates include the following:

• The same application form for a Small Estate Certificate is used whether the deceased died with or without a will

• Unlike a regular application, an application for a Small Estate does not require the express consent of interested parties to the appointment of the applicant as estate trustee if 30 days’ notice has been provided

• An estate trustee’s authority to receive and administer the assets of the deceased is limited to the specific assets listed on the Small Estate Certificate

We encourage you to contact us to determine if the traditional or simplified small estate process is suitable for your estate matter.