Probate Law in Ontario

Ontario has laws in place to ensure that the estates of the deceased are properly distributed. In addition to protecting creditors and beneficiaries, Ontario implements an estate administration tax.

Documentation

A "certificate of appointment" of an estate trustee can be issued to individuals who represent deceased who may or may not have left a will. This single title combines two former titles, including executor, the individual who executes a will, and administrator, the person who distributes an estate responsibly without a will. This certificate can be obtained through the Superior Court of Justice in the county or district where the deceased resided.

Bonds and Surety

Before a trustee can divide an estate, he must post a bond with the court guaranteeing that beneficiaries and creditors receive the money owed them. The bond can be from an individual who agrees to personally take financial responsibility should the estate be mismanaged, or it can be from a licensed insurance provider.

Estate Administration Tax

The estate administration tax is implemented in place of probation fees. It's based on the value of the deceased's estate. For the first $50,000 of an estate's value, $5 is owed for every $1,000. If the estate is worth more than $50,000, $15 is owed for every $1,000 that exceeds $50,000.

References

• Ontario Ministry of the Attorney General: Frequently Asked Questions About Estates