What is Probate?
When someone passes away, their loved ones may need a court-approved document confirming who has the legal authority to manage the estate. This process is known as probate in Ontario.
Probate gives an executor (also called an estate trustee) the official permission to:
✅ Access bank accounts and investments
✅ Sell or transfer real estate
✅ Deal with financial institutions and government agencies
✅ Carry out the wishes in the Will
If the person passed away without a Will, probate may also be required to appoint someone to handle their estate.
Why Probate Matters
Many institutions — like banks, investment companies, and land registry offices — will not release funds or transfer property until probate is granted. Probate protects the estate and beneficiaries by confirming the Will is valid and the executor is acting lawfully.
How Probate Works
To obtain probate (called a Certificate of Appointment of Estate Trustee), an executor must:
- Complete and file court forms
- Provide the original Will (if there is one)
- Submit supporting documents
- Pay Estate Administration Tax (also known as probate tax)
Ontario Probate Tax
- No tax on the first $50,000 of the estate
- $15 per $1,000 after the first $50,000
Executors can ask the court to delay the tax payment in some cases — helpful if estate funds are not immediately available.
How Zaidi Legal PC Helps
We know that acting as an executor can feel overwhelming — especially during a time of loss. Our role is to make the process as clear and smooth as possible.
At Zaidi Legal PC, we help with:
- Preparing and filing probate applications
- Guiding executors through their duties
- Helping avoid personal liability
- Protecting the estate from delays and disputes
- Communicating with financial institutions and government offices
- Advising on beneficiary distributions and tax considerations
Executors’ reasonable legal fees are paid by the estate — not out of your pocket.
Executor Responsibilities
Executors must:
- Secure assets (bank accounts, property, valuables)
- Pay debts, taxes, and expenses
- Distribute the estate fairly and according to the Will
- Keep records and act in beneficiaries’ best interests
Executors can be personally liable for mistakes, so having proper legal guidance is important.
Why Work With Zaidi Legal PC
When you choose our firm, you benefit from:
✨ Ontario wills & estates focused practice
✨ Clear, flat-fee options whenever possible
✨ Remote and in-office service options
✨ Support from start to finish — not just filing forms
✨ Guidance to help avoid costly errors and disputes
We take the time to explain every step, answer all your questions, and make sure you feel confident and supported throughout the process.
Your job is to honour your loved one.
Our job is to make that process easier for you.
Next Steps
If you need help with probate or have questions about acting as an executor, we’re here to support you.
📞 Call Us: 647-370-3393
📧 Email Us: info@zaidilegal.com