Estates & Trusts
Probate

​Probate

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Obtaining a Certificate of Appointment of Estate Trustee (commonly known as “Probate Certificate”) is the process of securing approval from the Court for the person entitled to administer the estate of a deceased individual. It allows your executor to distribute your assets according to your wishes. Probate is not required for every estate, but when needed, it can be a bureaucratic maze.

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At SRF Lawyers, we understand that the loss of a loved one is a traumatic experience. We can assist during the time of your loss and grief by making the legal side less worrying.

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We invite you to contact us at (647) 348-1818 or via our online contact form.

 

We look forward to working with you.

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Calculate the Probate Tax

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When you apply to the Court for probate, probate tax (Estate Administration Tax) must be paid to the government of Ontario. The probate tax is calculated as follows:

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• You do not need to pay probate tax if the value of the estate is $50,000 or less.

• For estates valued over $50,000, the probate tax will be calculated as $15 for every $1,000 (or part thereof) of the value of the estate.

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The estate value is rounded up to the nearest thousand. So, by way of an example, for an estate valued at $239,250, the probate tax rate would be calculated on $240,000. The probate tax is calculated on the total value of the estate. For example, for an estate valued at $240,000, the tax would be calculated as follows:

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• $0 per $1,000 for the first $50,000 of the estate

• $15 per $1,000 for the remaining $190,000 of the estate

  • $240,000 - $50,000 = $190,000

  • $190,000 ÷ $1,000 = $190

  • $190 X $15 = $2,850

• The total of $2,850 payable to the Minister of Finance.

 

To calculate the amount of probate tax the estate owes, use the tax calculator on this page.