What do you need to know about probate in Ontario?

What do you need to know about probate in Ontario?

Ontario Estate Law. Probate is the Court procedure for: formal approval of the will by the Court as the valid last will of the deceased; and. appointment of the person who will act as the executor of the estate.

How are Assets excluded from probate in Canada?

Hold your assets in cash and/or bearer certificates. Assets held in cash or bearer certificates, such as stock, may be excluded from the probate estate, reducing the amount of fees and taxes charged to it.

What happens if there is no will or probate?

If there is no will, it depends whether the case needs to go to probate court or not. If the estate is small or the estate can pass to other people through simplified procedures informally, then a close relative, often the person who will inherit most of what is left behind can be the informal estate representative.

How much does it cost to file probate in Alberta?

Alberta has one of the lowest probate fee structures in the country. Alberta Courts never charge more than $525.00 to file a probate application. For a $1,000,000.00 estate, probate fees in Alberta would be $525.00, while a similar-sized Estate in B.C. would likely incur court filing fees in the range of $10,000.00.

What do you need to know about probate in California?

Cal. Probate Code § 7261. During the probate process, it’s the executor’s job to keep all assets safe. For example, a house must be insured and maintained; heirlooms must be safeguarded from theft or damage. The executor is also responsible for filing tax returns for the deceased person and for the estate.

When does an estate not need to go through probate?

Typically, many of the assets in an estate don’t need to go through probate. If the deceased person was married and owned most everything jointly, or did some planning to avoid probate, a probate court proceeding may not be necessary.

What do you need to know about probate estate administration?

If the deceased’s estate has debts or the deceased owned real estate some form of probate estate administration will be needed. Preparing an accurate inventory of assets, which should only reflect assets that have actually been collected and placed under the control of the administrator or executor, is important.

What can an executor do after filing for probate?

To fill out the petition for probate, you may have to do some basic analysis to determine what’s in the estate. But taking action beyond that — selling assets or making payments — is not allowed until the court has approved your petition and appointed you as the executor.