New Probate Rules in Ontario

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As of April 1, 2021 a new simplified process for small estates was introduced in the Province of Ontario. For probate purposes, a small estate is now defined as an estate that is valued at $150,000 or less. The reason for simplifying this process is to make it easier to file a probate application for a small estate that may go unclaimed and to ease the burden on those grieving the loss of a loved one.

Other procedures for small estates that will be simplified include:

  • Allowing for the completion and filing of a new simpler application form;

  • Removing requirements for certain supporting documents to be filed and;

  • Guiding applicants on the process to file a probate application for a small estate

If you are applying for probate of a small estate, you must indicate if you are either:

  • Named as the estate trustee in the deceased’s will;

  • Appointed as the estate trustee by a court order;

  • Entitled to apply under legislation

This process is further explained and set out in the Estates Act. You can also read more at the Ministry of the Attorney General