09/30/2026
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HOW PROBATE WORKS IN ONTARIO ๐จ๐ฆ
A Simple Flowchart
Not every asset goes through probate. The key question is how the asset is owned and whether a beneficiary has been named.
ASSET AT DEATH
โ
DOES IT PASS DIRECTLY TO SOMEONE ELSE?
Examples may include:
โ RRSP/RRIF/TFSA with a valid beneficiary designation
โ Life insurance with a named beneficiary
โ Certain pension benefits
โ Property passing by right of survivorship
YES โ MAY PASS OUTSIDE THE ESTATE
The asset may transfer directly without being governed by the will.
NO โ
DOES THE ESTATE TRUSTEE NEED COURT AUTHORITY?
Probate may be required when institutions or circumstances require proof of the estate trustee's legal authority.
YES โ
IS THERE A VALID WILL?
YES โ WITH A WILL
The estate trustee applies for a:
Certificate of Appointment of Estate Trustee With a Will
The will generally determines how estate assets are distributed.
NO โ WITHOUT A WILL
Someone must generally apply to become the estate trustee.
Ontario's intestacy rules determine who is entitled to inherit the estate.
โ ๏ธ WORTH KNOWING
Having a will does NOT automatically avoid probate.
A will tells your estate trustee who should receive your estate.
Whether probate is required depends largely on the assets, ownership structure, beneficiary designations and requirements of the institutions holding those assets.
THE GOAL ISN'T ALWAYS TO AVOID PROBATE.
Good estate planning means ensuring assets pass to the right people, in the right way, with fewer surprises.
Educational content only. Estate and probate treatment depends on the circumstances.
๐๐ฒ๐ฒ-๐ผ๐ป๐น๐ ๐๐ถ๐ป๐ฎ๐ป๐ฐ๐ถ๐ฎ๐น ๐ฃ๐น๐ฎ๐ป๐ป๐ฒ๐ฟ ๐ถ๐ป ๐ข๐ป๐๐ฎ๐ฟ๐ถ๐ผ- ๐ข๐ป๐๐ฎ๐ฟ๐ถ๐ผ ๐ช๐ฒ๐ฎ๐น๐๐ต ๐ฆ๐๐ฟ๐ฎ๐๐ฒ๐ด๐ ๐๐
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