Estate Under $150,000, with or without a Will:

• Flat Rate: $1450.00 + HST

Estate With a Will, over $150,000:

• Flat Rate: $1950.00 + HST

Estate Without a Will, over $150,000:

• Flat Rate: $2450.00 + HST

Probate is typically required when a formal court order is needed to “vest” the deceased’s assets in the estate trustee, including:

• Validating the Will or confirming who the executor is (especially if there is uncertainty or dispute).

• Protecting beneficiaries who cannot consent (e.g., minors or persons under disability).

• Transferring real estate that does not automatically pass to a surviving joint owner.

• Financial institutions demand it. Banks and investment firms can require probate before releasing funds. If a bank insists, the solution is to file for probate; waivers are discretionary, rare, and often limited to small balances. If a waiver is granted, beneficiaries are commonly required to sign indemnities in favour of the institution.
   

Important: You generally cannot avoid probate merely because:​

• The estate is small,

• All beneficiaries agree,

• There is only one beneficiary, or

• The estate consists only of bank/investment accounts.

1) Spouse-to-spouse transfers where no estate remains

If the first spouse to die owned the home as joint tenants with right of survivorship, and designated the surviving spouse as beneficiary of pensions, life insurance, RRSPs, or TFSAs, there may be no estate to probate.

• Joint tenancy: upon death, the surviving joint tenant becomes the sole owner; no probate is needed for that property.

• Designated-beneficiary assets: pensions, RRSPs, TFSAs, and life insurance typically bypass the estate and go directly to the named beneficiary.
   

2) Beneficiary designations to non-spouse recipients

Beneficiary designations can avoid probate for the designated asset.

• Caution: Using designations to “skip” probate from a parent to children can increase the risk of estate disputes. We generally do not recommend this approach unless the entire estate is passing to a single adult child.

• Will vs. designations: A Will usually does not overwrite an existing beneficiary designation. Only in carefully drafted, specific scenarios can a Will alter designations. Standard “revocation of prior testamentary dispositions” language does not revoke beneficiary designations.
   

3) The “first dealing” exemption (narrow, real estate–specific)

In limited cases, probate for one piece of long-held real property can be avoided using Ontario’s first dealing exemption when:​

• The property was registered in the land registry system and is being first registered in the land titles electronic system;

• There is a valid Will, and the Will has not been probated;

• The original Will is surrendered as part of the transfer; and

• No other asset requires probate (because if you must probate for any other reason, EAT applies to all probated assets—including this property).
   

This path is technical and fact-specific. Consult a real estate lawyer to confirm eligibility and process.

• Spouse to Spouse: Often no probate, if assets pass by joint ownership and/or beneficiary designations (no “estate” remains).

• Parent to Children: Probate is usually required. Attempts to avoid probate via designations carry dispute risk; proceed with caution.

• Real Estate not held jointly: Probate almost always required to transfer title.
  

• Bank says “Probate”: Then probate is required; waivers are discretionary.

As soon as practicable. While grieving and information-gathering mean immediate filing isn’t necessary, delays help no one. Early filing allows the estate trustee to begin proper administration sooner.

• Executors should not unduly delay.

• Beneficiaries concerned about inaction should consider taking steps to move the process forward.

EAT is payable on the value of all assets that form part of the probated estate. Generally, EAT is not payable on:

• Real property outside Ontario;

• Jointly held assets that pass by survivorship;
   

Assets with valid beneficiary designations (pensions, RRSPs, TFSAs, life insurance) that pass outside the estate.