No – but more do than people expect, and the exceptions are about how assets are owned, not about how the will was prepared.
Probate in Ontario means obtaining a Certificate of Appointment of Estate Trustee. It is the court’s confirmation that the will is valid and that the person named has authority to act. Banks, land registry offices and transfer agents ask for it because it protects them from paying the wrong person.
When is probate not required in Ontario?
Probate is not needed for assets that never enter the estate:
Jointly held property with right of survivorship. A home owned as joint tenants passes to the surviving owner automatically. So does a joint bank account, though only if it was genuinely intended as a joint asset rather than added for convenience – that distinction is litigated often.
Assets with a named beneficiary. RRSPs, RRIFs, TFSAs, pensions and life insurance go directly to the person named on the designation. The will does not govern them and probate does not touch them.
Assets held in a trust established during your lifetime.
Small bank balances. Where a deceased person’s account holds a modest amount – often somewhere between $30,000 and $50,000, at the bank’s discretion – the institution will frequently release funds to the family on an indemnity rather than demand a certificate. This is bank policy, not law, and every bank draws the line differently.
When probate is effectively unavoidable: real estate registered in the deceased’s name alone, investment accounts of any size, and anything where a third party needs proof of your authority before transferring it.
The $150,000 Small Estate Certificate
Ontario has a simplified procedure for estates valued at $150,000 or less. Fewer supporting documents, a shorter form, and a faster path through the court.
This is still probate. It is a streamlined version of it. A widely repeated claim online – that estates under $150,000 can be distributed without probate – is wrong, and following it will get an estate trustee stuck at the bank counter.
What probate costs
Ontario charges estate administration tax on the value of the estate:
| Estate value | Tax |
|---|---|
| First $50,000 | Nil |
| Every $1,000 above $50,000 | $15 |
An $800,000 estate pays $11,250. Add legal and accounting fees on top, which vary with complexity.
Only assets flowing through the estate are counted. The jointly held home and the RRSP with a named beneficiary are excluded – which is why ownership structure, not will drafting, is where probate planning actually happens.
Reducing probate, sensibly
Name beneficiaries on every registered plan and insurance policy. Free, immediate, and the most overlooked step.
Joint ownership with a spouse removes the home from the estate. Adding an adult child to title does the same thing but exposes the asset to their creditors and their divorce, and can trigger tax on the share you gave away. It solves a $15-per-$1,000 problem by creating a larger one.
Multiple wills. A primary will covers assets requiring probate; a secondary will covers assets that do not, such as shares in a private corporation or personal effects. Only the primary will is submitted to the court. For business owners this can save a substantial amount, and it must be drafted carefully so the second will is not accidentally revoked by the first.
A trust can remove assets from the estate entirely, though the set-up cost and ongoing tax filings mean it only makes sense at scale.
Notarizing a will is not a way to avoid probate. These are unrelated. A notarized will still needs probate; an unnotarized one is still valid. What helps at probate is an affidavit of execution sworn by a witness at the time of signing.
The 30-day survivorship clause
Every will we prepare includes one, and it exists for a specific scenario.
A couple travels together. One dies at the scene; the other dies in hospital the following day. Without a survivorship clause, everything passes to the second spouse, is probated in their estate, then passes again under their will – and is probated a second time. The same assets, taxed twice, within a week.
A clause requiring a beneficiary to survive you by 30 days prevents this. Many wills, including bank kits and online templates, leave it out.
How long does probate take in Ontario?
Plan for months, not weeks. Preparing the application takes time – valuations, the estate information return, notices to beneficiaries – and court processing varies by region.
The estate trustee cannot transfer estate assets before the certificate issues, which is why beneficiaries expecting money within weeks are routinely disappointed. Say so early.
Frequently asked questions
Who determines whether probate is required in Ontario? Not the court and not the executor – the institutions holding the assets. Banks, transfer agents and the land registry office decide whether they need a Certificate of Appointment before releasing or transferring what they hold.
What assets are exempt from probate in Ontario? Anything that does not flow through the estate: property held in joint tenancy with right of survivorship, registered plans and insurance with a named beneficiary, and assets held in a trust.
Can an estate be settled without probate in Canada? Yes, where every asset passes outside the estate. A couple who owned their home jointly and named each other on their RRSPs and insurance frequently needs no probate on the first death.
Why would a will not be probated? Because nothing in the estate requires it – or because the estate is insolvent and there is nothing to administer. A will is not filed with any authority as a matter of course.
How much does probate cost in Ontario? Estate administration tax is nil on the first $50,000 and $15 per $1,000 above that. An $800,000 estate pays $11,250, plus legal and accounting fees.
How long does probate normally take in Ontario? Months rather than weeks. Preparing the application takes time, and court processing varies by region. The estate trustee cannot transfer estate assets until the certificate issues.
How do you avoid probate fees in Ontario? Name beneficiaries on every registered plan and insurance policy, hold the home jointly with a spouse, and for business owners consider multiple wills. Adding an adult child to title also works but creates tax and creditor exposure that often exceeds the saving.
Is the $150,000 small estate threshold a probate exemption? No, and this is widely misreported. Estates at or below $150,000 qualify for a simplified probate procedure – the Small Estate Certificate – not an exemption from probate.
Talk to an estate lawyer in Toronto
LD Law LLP prepares wills, powers of attorney and multiple-will structures, and guides estate trustees through probate and administration.
1551 Bloor Street West, Toronto · 416-747-9900
General information about Ontario law as of August 2026. Not legal advice.