How Long Does Probate Take in Ontario?

One of the first questions an estate trustee or family member usually asks after a death is: How long will probate take in Ontario?

There are really two different timelines.

First, there is the time required to prepare, file and obtain the Certificate of Appointment of Estate Trustee from the Ontario Superior Court of Justice. This is what people commonly mean when they refer to obtaining “probate.”

Second, there is the much longer process of actually administering the estate: collecting assets, dealing with property, paying debts, filing tax returns, resolving claims and ultimately distributing the estate to the beneficiaries.

I’m Raz Toor, the founder of Falcon Law PC. We assist families, estate trustees and business owners with wills, estate planning, probate-related matters and the corporate and real-estate issues that can arise when someone dies.

For a straightforward application, the Ontario government currently states that probate applications are typically processed within 15 business days after filing. That does not mean every estate can be probated within 15 business days of death. Considerable work may be required before the application is ready to file, and the court process can take longer where the application is incomplete, somebody objects or a judge needs to consider an issue.

What Is Probate in Ontario?

“Probate” is the commonly used term for the court process through which an estate trustee obtains formal authority to administer an estate.

The document issued by the Ontario Superior Court of Justice is generally called a Certificate of Appointment of Estate Trustee.

Where there is a will, the certificate generally confirms the authority of the estate trustee named in the will.

Where there is no will, an eligible person may need to apply to be appointed as estate trustee without a will.

The certificate can be required by banks, investment institutions, land-registry matters and other parties before they will permit the estate trustee to deal with property owned by the deceased.

How Long Does the Ontario Court Take to Process Probate?

Ontario currently states that probate applications are typically processed within 15 business days.

That is an important improvement over some of the much longer probate-processing timelines experienced in prior years.

However, the 15-business-day estimate should be understood properly.

It generally refers to the court’s processing of an application that has already been filed. It does not include the time needed to:

• locate and review the will;
• determine who has authority to apply;
• identify the beneficiaries;
• identify and value estate assets;
• obtain financial information from banks and other institutions;
• determine whether probate is actually required;
• calculate Estate Administration Tax;
• prepare the probate application;
• commission the necessary documents;
• provide the required documents to beneficiaries; and
• assemble the complete filing package.

The practical timeline therefore begins before the court receives anything.

A Realistic Probate Timeline in Ontario

For a relatively straightforward estate, I would think about the process in stages rather than promising a particular number of days.

Stage 1: Initial Estate Review

The first step is determining what the estate actually contains.

The estate trustee should identify:

• the original will and any codicils;
• the deceased’s assets;
• real estate;
• bank accounts;
• investment accounts;
• registered plans;
• insurance policies;
• corporate shares;
• business interests;
• vehicles;
• debts and mortgages;
• beneficiary designations;
• jointly owned property; and
• the beneficiaries named in the will.

This can take days in a very organized estate or considerably longer where records are incomplete.

Stage 2: Determine Whether Probate Is Required

Not every estate necessarily requires probate.

Whether a Certificate of Appointment is required depends heavily on the nature and ownership of the assets.

For example, probate may be required where:

• real estate is registered solely in the deceased’s name;
• a financial institution requires probate before releasing substantial assets;
• there is uncertainty about the authority of the estate trustee;
• the deceased died without a will;
• there are competing wills;
• there are disputes concerning the appointment of the estate trustee; or
• a third party requires court confirmation before dealing with the estate.

Other assets may sometimes pass outside the estate, such as certain jointly owned assets or accounts and insurance policies with valid beneficiary designations.

Whether a particular asset requires probate should be reviewed rather than assumed.

For more detail, see our guide on when probate may not be required in Ontario.

Stage 3: Determine the Estate Value

The application generally requires the estate trustee to determine the value of the assets forming part of the estate as of the date of death.

That may require:

• bank statements;
• investment valuations;
• real-estate values;
• corporate information;
• vehicle values;
• information about mortgages and other permitted encumbrances; and
• information from accountants or financial advisers.

An estate with one house and one bank account will usually be easier to value than an estate containing private-company shares, several investment accounts, multiple properties or foreign assets.

Stage 4: Prepare and Deliver the Probate Materials

The probate application must be prepared using the required Ontario court forms.

The applicant must also provide the required application materials to persons entitled to share in the estate before filing with the court.

Where minors or incapable beneficiaries are involved, additional notice requirements may apply involving the Office of the Children’s Lawyer or the Office of the Public Guardian and Trustee.

Problems at this stage can delay the application if beneficiaries cannot be located or the family structure is unclear.

Stage 5: File the Probate Application

The probate application is then filed with the Ontario Superior Court of Justice.

Generally, the application is filed with the court in the county or district where the deceased lived at the time of death. Different rules apply where the deceased did not reside in Ontario but owned Ontario property.

Estate Administration Tax is ordinarily paid when the probate application is submitted, unless an applicable exemption or court-ordered deferral applies.

Stage 6: Court Processing

Once a complete application has been filed, Ontario currently indicates that probate applications are typically processed within approximately 15 business days.

The court reviews the application and searches the estate court records to determine matters such as whether:

• another person has made an application concerning the estate;
• somebody has filed an objection;
• a later will has been deposited with the court;
• the required documents have been filed; and
• the application can be issued administratively or requires consideration by a judge.

Why Can Probate Take Longer Than 15 Business Days?

Ontario expressly warns that processing may take longer where the application does not contain all required documents, evidence or information, or where the material raises an issue requiring a decision by a judge.

Some common reasons for delay include:

• missing documents;
• incorrect court forms;
• errors in the will;
• difficulty locating the original will;
• uncertainty regarding beneficiaries;
• incorrect estate valuations;
• problems with execution of the will;
• multiple wills;
• a deceased or unwilling estate trustee;
• a beneficiary objection;
• a competing probate application;
• a challenge to the validity of the will;
• minor or incapable beneficiaries;
• bond requirements;
• foreign estate trustees;
• foreign assets; and
• issues requiring a court order.

What Happens if Someone Objects to Probate?

An uncontested probate application is very different from an estate dispute.

If someone files a formal Notice of Objection, the certificate may not simply be issued through the ordinary administrative process.

The parties may need to address issues involving:

• the validity of the will;
• the deceased’s testamentary capacity;
• undue influence;
• which will is the deceased’s final will;
• who should act as estate trustee; or
• other estate disputes.

A contested estate can therefore take considerably longer than an ordinary probate application.

How Long Does Probate Take if There Is No Will?

The absence of a will does not necessarily prevent an estate from being administered.

However, somebody generally needs to obtain authority to act as estate trustee without a will where probate is required.

That may add complexity because there is no will naming an executor.

Issues may include:

• determining who is entitled to apply;
• obtaining consents where appropriate;
• identifying the deceased’s legal heirs;
• locating relatives;
• dealing with minor beneficiaries;
• potential estate administration bond requirements; and
• applying Ontario’s intestacy rules.

The timeline depends on the family circumstances and the estate.

What About Small Estates?

Ontario has a simplified probate procedure for qualifying small estates.

The current prescribed limit for a small estate is $150,000.

Ontario states that Small Estate Certificate applications are usually processed within approximately five business days, although they can take longer where documents are missing or a judge needs to consider an issue.

The small-estate procedure does not necessarily mean that no probate is required. It is a simplified form of probate for qualifying estates.

Does a Small Estate Avoid Estate Administration Tax?

Not necessarily.

The small-estate threshold and the Estate Administration Tax exemption are different.

For applications made under Ontario’s current tax structure:

• no Estate Administration Tax is payable on the first $50,000 of the estate; and
• tax is generally $15 for every $1,000, or part of $1,000, above $50,000.

Accordingly, an estate may qualify for the simplified small-estate process because it is worth $150,000 or less while still owing Estate Administration Tax because its value exceeds $50,000.

For a fuller discussion, see our guide on the costs of probating an estate in Ontario.

Probate Is Not the Same as Estate Administration

This distinction causes a lot of confusion.

Receiving the Certificate of Appointment does not mean the estate is finished.

It generally means the estate trustee now has the formal authority required to proceed with the administration of estate assets.

After probate, the estate trustee may still need to:

• close bank accounts;
• liquidate investments;
• collect debts owed to the deceased;
• sell or transfer real estate;
• deal with mortgages;
• manage a business or private corporation;
• pay creditors;
• pay funeral and estate expenses;
• file tax returns;
• pay taxes;
• resolve beneficiary issues;
• prepare estate accounts;
• seek a CRA clearance certificate where appropriate; and
• distribute the remaining estate.

The overall estate administration can therefore continue for many months after probate has been issued.

How Long Does the Entire Estate Take to Settle?

There is no universal Ontario timeline.

A straightforward estate with liquid assets, cooperative beneficiaries and uncomplicated tax affairs may be administered relatively efficiently.

An estate containing real estate, private companies, foreign property, complex tax issues or family disputes can take considerably longer.

Factors affecting the overall timeline include:

• the number and type of assets;
• whether real property needs to be sold;
• market conditions;
• corporate or partnership interests;
• tax filings;
• foreign assets;
• foreign beneficiaries;
• creditor claims;
• beneficiary disputes;
• ongoing litigation;
• missing beneficiaries;
• the need for professional valuations; and
• whether CRA clearance is sought before final distribution.

The Estate Information Return Has a Separate Deadline

After an Ontario estate certificate is issued, the estate representative generally has 180 calendar days to file the Estate Information Return with the Ontario Ministry of Finance.

The return provides detailed information concerning the assets used to calculate the value of the estate.

This is a post-probate obligation. Obtaining the court certificate does not complete the estate’s Ontario tax reporting responsibilities.

CRA Tax Work Can Extend the Estate Timeline

The estate trustee also needs to consider the deceased’s federal income-tax obligations and, where applicable, tax returns for the estate itself.

Before making a final distribution, an estate trustee may seek a CRA clearance certificate.

A clearance certificate confirms that the relevant taxes, interest and penalties have been paid or adequately secured.

This matters because an estate representative who distributes estate property without dealing properly with outstanding tax liabilities can potentially face personal liability to the extent contemplated by the tax legislation.

The CRA currently states that its service standard is to issue a clearance certificate within 120 calendar days of receiving a complete request, although additional time may be required where information is missing or an audit is necessary.

That step alone demonstrates why “the court issued probate in 15 business days” and “the estate was settled in 15 business days” are completely different statements.

Can Beneficiaries Receive Money Before the Estate Is Completely Finished?

Possibly.

In some estates, an estate trustee may consider making an interim distribution before every administrative step is complete.

However, the trustee should make sure sufficient assets are retained to address:

• taxes;
• professional fees;
• creditor claims;
• property expenses;
• litigation or disputes;
• estate administration expenses; and
• other known or reasonably anticipated liabilities.

Distributing too much too early can create problems if the estate later discovers an unexpected liability.

What Happens to Real Estate After Probate?

Real estate can be one of the largest reasons an estate remains open after the probate certificate has been issued.

If property is registered solely in the deceased’s name and probate is required, the Certificate of Appointment may be needed before the estate trustee can properly deal with title.

Depending on the will and the circumstances, the property may then be:

• sold to a third-party purchaser;
• transferred to a beneficiary;
• transferred to several beneficiaries as co-owners;
• retained temporarily by the estate; or
• dealt with as part of a broader family or estate arrangement.

Selling Estate Property

Where the estate trustee sells the property, the transaction can involve:

• confirming the estate trustee’s authority;
• transmitting title into the estate trustee’s name where required;
• entering an agreement of purchase and sale;
• dealing with an existing mortgage;
• property-tax adjustments;
• utilities;
• real-estate commissions;
• closing costs;
• tax considerations; and
• distribution of the eventual net proceeds.

Our Ontario real estate lawyers can assist where estate administration requires a sale or transfer of Ontario real property.

Transferring Estate Property to a Beneficiary

A will may contemplate that a particular property will pass to a beneficiary, or the beneficiaries and estate trustee may determine that a transfer is appropriate.

Before completing the transfer, issues can include:

• the wording of the will;
• the estate trustee’s authority;
• existing mortgages;
• the beneficiary’s ability to assume or refinance debt;
• land-transfer documentation;
• income-tax consequences;
• whether several beneficiaries will become co-owners; and
• how any difference in value will be accounted for between beneficiaries.

The fact that the probate certificate has been issued does not by itself resolve those questions.

What Does a Probate Lawyer Do?

The exact scope depends on the estate, but a probate lawyer may assist the estate trustee with:

• reviewing the will;
• determining whether probate is required;
• identifying the appropriate applicant;
• reviewing estate assets;
• preparing the probate application;
• preparing beneficiary notices;
• calculating the probate value based on information supplied by the estate trustee and advisers;
• calculating Estate Administration Tax;
• commissioning the required documentation;
• filing the probate application;
• responding to court requisitions;
• obtaining the Certificate of Appointment;
• assisting with real-estate transfers;
• assisting with corporate interests;
• communicating with financial institutions or other parties where legal documentation is required; and
• advising the estate trustee regarding the legal administration of the estate.

Tax returns and detailed tax advice are generally coordinated with the estate’s accountant or tax adviser.

When Is Hiring a Probate Lawyer Particularly Useful?

Legal assistance can be especially useful where:

• the estate owns real estate;
• the deceased owned a business;
• private-company shares are involved;
• there are multiple wills;
• the will is unusual or unclear;
• the original will cannot be located;
• the deceased died without a will;
• an executor has died or does not want to act;
• beneficiaries cannot be located;
• a minor or incapable person is a beneficiary;
• assets exist outside Ontario;
• a non-resident estate trustee is involved;
• there is disagreement among family members;
• somebody has challenged the will; or
• the estate trustee is uncertain about their legal obligations.

Can Probate Be Avoided Through Estate Planning?

Sometimes certain assets can be structured so they do not require probate, but probate avoidance should not be treated as the only objective of estate planning.

Planning techniques may involve:

• beneficiary designations;
• joint ownership in appropriate circumstances;
• multiple wills in suitable estates;
• corporate succession planning;
• trust planning; and
• other asset-specific arrangements.

Each technique has its own legal and tax consequences.

For example, adding another person to title merely to avoid probate can create issues involving beneficial ownership, creditor exposure, family disputes and tax consequences.

Probate tax savings should therefore be considered as one part of a broader estate plan.

Cross-Border Estates Can Take Longer

An estate becomes more complicated when the deceased owns assets in more than one country.

Questions can arise concerning:

• which will applies to which assets;
• whether probate is required in more than one jurisdiction;
• recognition of the Ontario estate trustee’s authority elsewhere;
• foreign real estate;
• foreign tax filings;
• citizenship and residence;
• coordination between Canadian and foreign counsel; and
• the timing of distributions.

In those circumstances, estate administration may involve several separate legal and tax processes rather than one Ontario probate application.

What We Have Been Working On in Estate Planning in 2026

Our recent estate work has included advising a married couple with assets and property in both Canada and the United States on coordinated estate planning.

That is an estate-planning matter rather than a current probate application, but it illustrates an issue that becomes particularly important after death: where assets exist in multiple jurisdictions, the family may need to deal with different legal systems, real property, tax considerations and potentially more than one estate-administration process.

Good estate planning should therefore consider not only who receives the assets, but also how those assets can practically be administered when the time comes.

The example above has been anonymized and certain details have been generalized to protect client confidentiality.

How Can an Estate Trustee Help Avoid Probate Delays?

An estate trustee can often reduce avoidable delays by gathering information early.

Useful steps include:

• locating the original will;
• obtaining the death certificate or funeral director’s proof of death;
• making a complete asset list;
• obtaining date-of-death values;
• identifying all beneficiaries;
• collecting addresses and contact information;
• identifying mortgages and debts;
• locating corporate records where a business is involved;
• identifying foreign assets;
• keeping careful records of estate expenses; and
• raising unusual issues with the lawyer before the application is filed.

A complete initial package is usually much easier to deal with than discovering important assets or beneficiaries after the probate application has already been submitted.

So, How Long Should You Expect Probate to Take?

For a straightforward Ontario estate, a useful way to think about the timeline is:

• Before filing: enough time must be allowed to gather estate information, value assets, prepare the application and notify the required beneficiaries;
• After filing: Ontario currently says a complete ordinary probate application is typically processed within approximately 15 business days;
• Small estates: qualifying Small Estate Certificate applications are generally targeted for processing within approximately five business days;
• Problem applications: missing documents, objections or issues requiring a judge can materially extend the timeline; and
• Estate administration: selling property, filing taxes, resolving debts, obtaining tax clearance and distributing the estate can continue for many months after probate is granted.

So if someone asks whether probate in Ontario takes “15 business days,” the answer is: the court may process a complete application within that period, but the probate and estate-administration process as a whole usually involves considerably more than the court’s processing time.

How Falcon Law PC Can Help

Falcon Law PC assists estate trustees, families and business owners with probate, estate administration, wills, powers of attorney, estate planning and related corporate and real-estate matters.

You can learn more about our Ontario probate, estate planning and wills services.

If probate is required, we can review the will and estate information, prepare the required court materials, assist with the probate application and advise on related legal matters that arise during the administration of the estate.

This article is intended for general informational purposes only and does not constitute legal, tax or accounting advice. Probate requirements and estate-administration timelines depend on the will, assets, beneficiaries, tax circumstances, court requirements and facts of the particular estate.