Probating will after someone passes away
Probating a will is one of the most important legal steps after someone passes away. It confirms that the will is valid and gives the executor the legal authority to act on behalf of the deceased’s estate. Whether you are an executor, beneficiary, or family member, understanding the probate process helps you ensure that the estate is settled correctly and efficiently.
At Juzkiw Law, our probate lawyers in Toronto provide trusted legal guidance to help you navigate this often emotional and complex process. We assist with every step — from filing court documents to managing taxes, debts, and asset distribution.
The probate process typically involves:
- Identifying and securing the deceased’s property and assets
- Paying outstanding debts, liabilities, and taxes
- Distributing remaining assets according to the will
- Proving in court that the will is valid and enforceable
If the will is contested or unclear, a probate & estate lawyer can also help mediate disputes or represent you in court to protect your rights.
Does every will has to be probated?
Not every will in Ontario requires probate. Some estates are small and straightforward, allowing institutions or beneficiaries to accept a certified copy of the will. However, if the estate is large, involves real estate, or someone contests the will, probate is almost always required.
Lenders, banks, and land registries often request a Certificate of Appointment of Estate Trustee (Probate Certificate) before releasing funds or transferring ownership. Without probate, executors may face delays or be unable to access certain assets.
What assets are excluded from probate
Some assets in Ontario can bypass probate altogether, saving time and reducing estate administration tax. Common examples include:
- Real estate owned outside Ontario
- RRSPs, RRIFs, and TFSAs with named beneficiaries other than the estate
- Jointly owned property with a right of survivorship (JTWROS)
- Life insurance policies with designated beneficiaries
A probate lawyer can review your estate and identify which assets may qualify for exemption, helping your family reduce taxes and simplify the process.
- Real estate owned outside Ontario
Multiple Wills and Probate
Some individuals create multiple wills to minimize probate fees. For instance, one will may handle assets requiring probate (like bank accounts), while another covers assets that don’t (like private shares or personal property). This estate planning strategy helps families retain more of their inheritance while complying with Ontario’s probate rules.
If you’re unsure how multiple wills work or if they apply to your situation, a probate & estate lawyer can help structure them properly to ensure they are both valid and tax-efficient.
Why You Should Work With a Probate Lawyer
Probate law in Ontario can be complicated — especially if the estate involves multiple assets, unclear documentation, or family disputes. A probate lawyer Toronto ensures that:
- All legal documents are properly completed and filed with the court
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- Estate administration tax is calculated and paid accurately
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- Executors fulfill their duties without personal liability
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- Disputes among beneficiaries are resolved efficiently
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- Delays and costly errors are avoided
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At Juzkiw Law, we offer compassionate, knowledgeable representation for families navigating probate. Whether you’re an executor handling estate administration or a beneficiary seeking clarity, our team is here to guide you every step of the way.
Call Juzkiw Law at (416) 221-2221 for a free consultation with an experienced probate lawyer in Toronto.
Frequently Asked Questions (FAQs)
A probate lawyer assists executors and families in managing estate administration, from submitting court filings to distributing assets. They ensure all legal requirements are met and help avoid disputes or delays.
The process can take anywhere from 4 to 8 months, depending on the complexity of the estate and court processing times. Working with a probate & estate lawyer can streamline the process and help you meet all deadlines efficiently.
While individuals can technically apply for probate themselves, it’s often confusing and time-consuming. A probate lawyer Toronto can handle the paperwork, tax issues, and court interactions for you, ensuring everything is accurate and legally compliant.
Costs vary based on the estate’s complexity and size. At Juzkiw Law, we offer clear pricing and a free initial consultation so you know what to expect before proceeding.
If someone passes away without a will, Ontario’s intestacy laws determine how the estate is distributed. In this case, you’ll need to apply for a Certificate of Appointment of Estate Trustee Without a Will. A probate & estate lawyer can assist you in managing this process.
Proper estate planning — such as naming beneficiaries, creating joint ownership, or using multiple wills — can help minimize probate. Juzkiw Law’s estate and probate lawyers can help you design a plan that preserves your wealth and protects your family.
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