In Toronto (located in Ontario, Canada), the probate process involves several key steps. The process is primarily designed to ensure the authenticity of the will and the distribution of the estate as directed in the will. Below are the steps in detail:

1. Locating a will

The first thing you need to do is to find the will left by the deceased person. Often the will will be held by a solicitor or stored in a safe deposit box in the home. If a will cannot be found, it may need to be dealt with under the law of intestate succession.

2. Reading of wills

With the assistance of an attorney or executor, conduct a preliminary reading of the will to determine the basics of the will, including key information such as beneficiaries, property distribution, and executors.

3. Application for probate (Probate)

Probate is a legal process that confirms the validity of a will and the legal status of the executor through the courts. The executor is required to file an application with the Superior Court of Justice in Ontario (Superior Court of Justice), including:
  • death certificate
  • original will
  • Statutory documents, e.g. forms for applying for probate

4. Assessing the value of heritage

The executor will need to appraise the estate, including all assets and debts, such as real estate, bank accounts, investments, liabilities, and so on.

5. Payment of debts and taxes

Before an estate can be distributed, the debts and taxes of the estate must first be paid off. This may include estate taxes, personal income taxes, and other outstanding bills.

6. Distribution of inheritance

Once debts and taxes have been taken care of and probate has been approved by the court, the executor can then distribute the estate to the designated beneficiaries as directed in the will.

7. Completion of probate

After the estate has been distributed, the executor is required to prepare final accounts and report the final results of the estate disposition to the beneficiaries and the court. This usually marks the end of probate.

Caveats:

  • Probate Fee: Depending on the value of the estate, the court will charge different fees.
  • LEGAL ADVICE: The execution of a will can involve complex legal issues and it is advisable to hire an experienced estate attorney for guidance.
  • Timeframe: The probate process can last anywhere from a few months to a year, depending on the complexity of the estate and the speed of the court.
Dealing with wills and inheritance is a process that requires legal knowledge and precise management. In Toronto, understanding and following the correct legal process is key to ensuring that last wishes are honored and properly executed.