Probate doesn’t make for great dinner conversation. In fact, it’s usually the part of estate planning that makes people’s eyes glaze over. But if you own property in Ontario, understanding how probate works and how long probate takes in Ontario can save you and your heirs a lot of stress (and potentially some money).

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What Is Probate, Really?

In the simplest terms, probate is the court process that confirms a will is valid and gives an executor the authority to manage and distribute the assets of an estate.

It’s not some dark ritual- it’s legal housekeeping. Without probate, banks, land registry offices and investment firms won’t release assets because they have no way of knowing who’s actually in charge. That’s why understanding what probate means and how it fits into Ontario’s legal system is so important.

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Looking for advice for a different selling challenge? Check out the posts below:

• Should You Sell the House During a Divorce?
• How to Sell Your House Privately
• What Is an Estate Sale?

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The probate process in Ontario typically looks like this:

• Application for a Certificate of Appointment: The executor files paperwork (usually through a lawyer- including the will, a death certificate and a list of assets and liabilities) to the court. This is sometimes called the probate application in Ontario.
• Court review: The court verifies the documents and, if satisfied, issues a Certificate of Appointment of Estate Trustee (with or without a will). This certificate gives the executor legal authority to act on behalf of the estate.
• Estate administration: Once appointed, the executor identifies and values the estate’s assets, pays any taxes and debts, files final tax returns and ultimately distributes what remains to the beneficiaries.

How Long Does Probate Take in Ontario?

You might have heard that probate takes only 6 to 8 weeks. That’s partially true, as the court review of an application can take 6 to 8 weeks, although busy urban courts like Toronto often take longer. But that is only phase one. The entire probate process in Ontario, from filing the application to distributing the last dollar, usually takes eight to twelve months for the average estate. Complex estates, disputes between beneficiaries or missing documents can push the timeline past a year.

So when someone asks, “How long does it take to probate a will in Ontario?” The honest answer is: “Prepare for up to a year, and be pleasantly surprised if it wraps up sooner.” Patience (and good planning) is your friend.

What Happens After Probate Is Granted in Ontario?

Once the Certificate of Appointment is issued, the executor can get to work. They’ll collect and value assets, pay estate debts and taxes, notify beneficiaries and the CRA, then distribute what’s left according to the will.

The estate must also file an Estate Information Return within 180 days. Only after all taxes, debts and beneficiary releases are handled is the estate truly closed.

Probate isn’t always necessary. Assets that pass outside the estate- like life insurance with a named beneficiary, registered accounts with designations (TFSA, RRSP, RRIF), bank accounts with joint holders and real estate owned as joint tenants with right of survivorship- typically avoid probate.

When Is Probate Required in Ontario?

Small estates may also bypass probate if institutions are satisfied there’s no dispute. But if there’s real property solely in the deceased’s name, a bank account with no joint holder, or significant investments, chances are probate will be required. And if there’s no will, probate is almost always necessary so the court can appoint an estate trustee.

Wondering how to check the status of your probate in Ontario? Executors can follow up with the court where the application was filed.

Smaller courts sometimes process certificates within days; busier jurisdictions may take months. If you need to sell real estate or access funds, keeping tabs on the court’s timeline and responding promptly to any requests can help.

The Probate Application: What to Expect

Applying for probate involves gathering paperwork and calculating the Estate Administration Tax (sometimes called “probate fees”). Typically, this is done with a lawyer. The tax is 0.5% on the first $50,000 of value and 1.5% on the rest. While there’s no way to avoid taxes entirely, making sure assets are accurately valued and that non-probate assets are properly designated will keep fees to a minimum.

Cutting Through Probate: The Bare‑Trust Approach

Lately, we’ve seen a growing number of parents quietly adding their adult children to the title of their homes as joint tenants. The logic is simple: under Ontario law, when one joint tenant dies, the property automatically transfers to the surviving joint tenant by right of survivorship. The asset bypasses the estate and therefore avoids probate fees.

In this scenario, the parents keep all the rights to occupy and mortgage the home, while the children’s names sit on the title like silent partners. Because they’re on title but not on any mortgages, it usually doesn’t affect the children’s ability to qualify for their own mortgages (though adding or removing someone while a mortgage exists can require lender approval and may trigger penalties).

When both parents pass, the children own the home outright and can sell it without waiting for probate. Pretty slick, right?

But- and this is a big “but”– there are potential pitfalls that require legal guidance:

• A small Loss of control: Once your child or children are on title, you can’t refinance, sell or change ownership without their consent. Disagreements can complicate things.
• Exposure to creditors: If your child gets into financial trouble or even a messy divorce, their share of the home could potentially be targeted by creditors or, in the event of a divorce, possibly become part of the matrimonial property division.
• Tax surprises: If your child doesn’t live in the home, their portion could be considered a second property, exposing them to capital gains tax on any increase in value from the date they were added to the title. Timing is everything.
• New reporting rules: In Canada, bare trust arrangements (where legal title and beneficial ownership differ) must now be reported annually to the CRA, creating new compliance obligations and possible penalties for missed filings.

This probate‑avoidance strategy can work beautifully when done correctly. We’ve seen families benefit from avoiding delays and fees when property transfers by survivorship.

But we are not lawyers.

Before adding anyone to the title, talk to an estate lawyer and tax advisor who understands your specific situation. They’ll weigh probate fees (about 1.5% of estate value in Ontario) against the risks and help you draft the right agreements (like a declaration of trust) to protect everyone’s interests.

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Since we’re on the subject of real estate legalities, you might as well continue with the related reading below:

• Understanding the Principal Residence Exemption in Canada
• What Does Closing Mean in Real Estate?
• How a Statement of Adjustments Works in Ontario

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Final Thoughts (and a Friendly Reminder)

Probate isn’t fun, but it’s part of owning and transferring property. If you’re planning an estate or are named as an executor, be prepared for a process that can take most of a year and requires patience, organization and clear communication.

If you’re exploring ways to keep your assets out of probate (like joint tenancy or trusts), get professional advice first. Every family and estate is unique, and what works for your neighbour may not work for you.

Ready to chat about estate planning or selling a property that might be tied up in probate? We’re here to help. While we can’t give legal advice, our team at The Weeks Group works alongside great lawyers and can guide you through the real estate side of estate administration.

Reach out to our Barrie real estate agents anytime at 705.305.4174 or email hello@weeksgroup.ca. We’re here to make your next move (probate or not) a little less daunting and a lot more successful.