Ontario’s New Expedited Probate Process: What Executors Need to Know

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Ontario has been modernizing its probate system over the past few years, and the latest updates are now in full effect. For executors, these changes aim to streamline and simplify the process, reduce delays, and make it faster to obtain a probate certificate so executors can settle an estate sooner. As with anything related to estate administration, the details matter.

We regularly work with clients navigating estate planning and estate settlement. Understanding these procedural changes can make a meaningful difference – whether you are preparing an estate plan, organizing for your executor, or acting as an executor. Here is what you need to know about Ontario’s new expedited probate process.

What Probate Is (and Why It Matters)

Probate is the court process that proves that a Will is valid. Executors need the Court’s grant of probate, “Certificate of Appointment of Estate Trustee With a Will”, or in cases where there is not a Will, a “Certificate of Appointment of Estate Without a Will”. This allows banks, investment firms, real estate lawyers, and others to release or transfer assets.

Probate/Certificate of Appointment is not a requirement for every estate. Jointly owned assets with rights of survivorship, insurance policies with beneficiaries, and registered accounts like RRSPs and TFSAs with designated beneficiaries often bypass probate unless the estate is the named beneficiary. But real estate held solely in the deceased’s name, non-registered investment accounts, private company shares (absent a secondary will), and certain bank accounts typically do require it.

What’s New in Ontario’s Probate Process

Recent changes to Court forms, service of beneficiary details, improved beneficiary information, streamlined objection process by the Court, simplified filing requirements for passing of account applications, and clearer bond requirements were driven by updates to the Rules of Civil Procedure introduce several improvements and reduce administrative tasks.

Simplified and Consolidated Forms

Ontario revised many of the core probate application court forms, eliminated one, and have now provided clearer instructions for executors.

More Transparent Service Requirements

Serving probate applications to the Public Guardian and Trustee, the Children’s Lawyer, parents/guardians, and proposed litigation guardians is now more enhanced and detailed. These updates confirm to the Court that procedural requirements are met and provides vulnerable parties the assurance of proper notification. The aim is to reduce possible delays caused by incomplete or unclear notification measures.

Clearer Bond Requirements

The bond section in Court probate application forms is clearer and more understandable. The language aims to reduce confusion and reduce delays caused by non-compliance.

Email Filing for Most Documents

Although not new, expanded and clarified electronic filing of documents for Executors and professionals reduces physical trips to the courthouse. Original wills, codicils, and probate fee payments must still be delivered physically.

Certificates Submitted Electronically

Once the probate application is approved, the court can email back the Issued Certificate of Appointment, which effectively speeds up access to estate assets.

These updates do not eliminate the complexity of certain estates, but they aim to clarify and streamline the administrative side of the process.

Where Executors Still Need to Be Careful

Even with modernized forms and email filing, probate can still be slowed by:

• Misplaced original Will
• Missing or improperly signed documents
• Incomplete handwritten or outdated wills
• Multiple wills (primary and secondary) that are improperly drafted
• Obtaining asset support documents
• Failing to properly notify all required beneficiaries
• Estates involving minors or incapable beneficiaries
• Disputes among family members
• Objections by beneficiaries

A cleaner estate plan and organizing documents for your executor almost always leads to a smoother probate. That makes planning in advance even more important. Our estate expert Maria can help with her “probate ready” service to ensure your estate is ready for probate and reduce any complications for your beneficiaries.

Maria is a caring and experienced estate professional, P1 paralegal licensed by the Law Society of Ontario, notary public, and commissioner of oaths. She has over 25 years of experience working with executors to manage their estate administration matters. She has been an active volunteer, acting as a group facilitator for over 10 years with Catholic Community Services of York Region.

Small Estates: A Simplified Option

For estates valued at $150,000 or less, Ontario offers a Small Estate Certificate, which:

• Uses consolidated forms and less procedural steps
• Usually faster turnaround by Court
• Still requires the original will and tax payment

Executors should still approach the process carefully, but the administrative steps are less extensive.

Practical Advice for Families and Executors

Here are a few ways to reduce probate-related stress:

Create a clear inventory of assets

Many executors spend the first few weeks simply trying to determine what exists. A current inventory with supporting documents, beneficiary details, and contact information for relevant parties reduces guesswork and saves an abundance of time.

Name the right executor(s)

Administering even a simple estate requires organization, diligence, patience, and co-operative teamwork if acting jointly.

Consider the benefits and trade-offs of probate planning

Joint ownership and beneficiary designations can simplify probate but may create tax issues or lead to family disputes when that may result in extensive and expensive litigation.

Plan Appropriately

Surprises can lead to disputes, and disputes can slow or halt everything until extensive legal measures are taken.

We Can Help

If you are acting as an executor or planning ahead for your own estate, guidance can make a significant difference. We offer a “probate ready” service to audit your estate plan if you are planning ahead, as well as executor support consulting and agent for executor services. Book a free call with our estate expert Maria to get clarity and avoid common pitfalls. 

Final Thoughts

Ontario’s improved probate process is a welcome modernization, but it still requires careful attention to procedural detail. For executors, understanding and administering the proper steps can reduce delays and avoid uncertainties. For families, well-structured and organized estate plans, remain the best way to minimize complications and set up your executor for success and honour.

As always, if you or your family need help coordinating the financial aspects of an estate plan or navigating the tax considerations of an estate, we are here to help.