Probating an Estate

What is probate?

When a person dies, they will often leave behind an estate.  The estate is simply all of the assets a person has at the time of their death.  These can include houses and other property, vehicles, bank accounts, insurance policies, etc.  

In many cases (though not all) in order for these assets to be dealt with, someone will have to apply for probate (if the deceased had a will) or administration (if the deceased did not have a will).

Can I skip getting probate?

Maybe.  It depends on what kind of assets the deceased had.  You may not need to obtain probate if:

1.  The individual died with no, or very few, assets which don’t exceed $10,000.00;

2. All of the individual's assets were held jointly with another person (most often a spouse); or

3. The estate is made up only of assets that 'pass' outside of the estate.  Generally these are assets with named beneficiaries and can include things like RRSPs and life insurance policies.

Who can apply for probate?

If the deceased had a will at the time of their death, the will specifies who will be the executor(s) of the estate.  Any person can be named as an executor, it is not necessary that it be a family member.

If there is no will, we follow the laws of intestacy to determine who can apply for administration of the estate.  Generally, the order of who can apply is as follows:

1. Spouse
2. Children
3. Grand-children, great grand-children, etc.
4. Parents
5. Siblings
6. Nieces/nephews

What information do i need? How much does it cost to probate?

1. The original will (if available) Details of fees and disbursements can be found here
2.  Evidence of any assets or debts of the deceased (bank account statements, lists of items, addresses of real estate, etc.
3.  Basic information about the deceased (our Probate Information Form describes what is necessary)