Filing for probate within the Province of Ontario requires attention to detail that many individuals tend to disregard. It isn't until the probate application has been rejected by the Ontario Superior Court of Justice where the individual then realizes the error that could have been avoided and now has to retain a competent estate lawyer to correct the issue.
Here, at Red Booth Law, we satisfy the probate application process by making sure that all the requested nuances from the Ontario Superior Court of Justice have been satisfied the first time around.
Last Will and Testament
Since the Will names the Executor (this is the individual the deceased wished to have appointed as Estate Trustee), the Will is of course a mandatory document that must be submitted for probate. However, there are two caveats to this: first, actually being in possession of the original Will; and second, being satisfied no other Wills were executed after the execution date.
Where you are not in possession of the original Will, we recommend you first try searching through the deceased's house, safety deposit box or other areas where the deceased may have kept sensitive documents. Keep in mind, the deceased's primary residence, usually being their matrimonial home and/or family home, may not be the only property the deceased held title. Therefore, it may be necessary to attend other real properties where you believe the deceased may have kept sensitive documents. If you are still unable to locate the original testamentary document, try communicating with other family members and friends to determine if they know of any whereabouts. Should you still be unable to locate the original Will, contact our Toronto (Scarborough) or Bowmanville law office at 416 953 0040 and schedule an appointment to determine what the appropriate next steps are.
"I recently needed to retain legal counsel to settle my late father's estate. I consider myself very fortunate to have found and retained Rohit Singh at Red Booth Law." - R.S. - Toronto (Scarborough)
Affidavit of Execution
The main purpose of an Affidavit of Execution is that it serves as proof that a Will or Codicil has been properly executed according to the standards outlined in the Succession Law Reform Act, R.S.O. 1990, c. S.26, providing crucial evidence in legal proceedings. Without this, unnecessary legal costs will be added and there is no guarantee the Ontario Superior Court of Justice will accept the probate material, at the time of filing.
Acknowledging good practice, at our estate planning law firm in Toronto (Scarborough) and Bowmanville, anytime our clients execute their Will, an Affidavit of Execution will always be executed by one of our in-house witnesses.
Proof of Death
There are two types of death certificates, one issued from the Province of Ontario and the other from the funeral director of the funeral home. For probate purposes, rather than waiting months for a government issued death certificate, the Ontario Superior Court of Justice only requests a Proof of Death from the funeral director of the funeral home.
If you haven't been provided with one or more already, on your behalf, we'll take the liberty to directly correspond with the funeral home and obtain the original Proof of Death.
Estate Administration Taxes
When filing for probate in the Province of Ontario, the amount payable to the Minister of Finance can only be determined after all asset information has been gathered and accounted for. Alongside all other necessary court drafted documents, either a bank draft or a certified cheque must be submitted for any Estate Administration Taxes owing.
At Red Booth Law, we know what estate assets should and shouldn't be forming part of the probate material. This allows estate lawyer to organize the estate assets accordingly, all while still finding ways to save money. Also, after gathering and structurally organizing assets belonging to the estate, our precise calculation provides you an exact dollar figure to the amount owed to the Minister of Finance for probate taxes.
BE WARNED: Should you decide to take on this responsibility and avoid retaining a competent professional there can be serious consequences where there has been a failure to disclose all asset information belonging to the deceased, including imprisonment.
Notice to Beneficiaries
After reviewing the deceased's Will, our probate law office in Toronto (Scarborough) and Bowmanville will determine who all the beneficiaries are. Our probate lawyer will then draft all appropriate documents and serve the said on each of the entitled beneficiaries.
It is important to note that where any of the conditions of a mentally incapable beneficiary has been satisfied, our estate practicing law office will also serve the necessary documents on the appropriate parties.
Toronto (Scarborough) & Bowmanville Probate Lawyer
Whether you're the named Executor or are unsure of the procedures involved with obtaining a Certificate of Appointment of Estate Trustee or a Small Estate Certificate, schedule an appointment with our probate law office in Toronto (Scarborough) and Bowmanville by calling 416 953 0040 or emailing info@redboothlaw.com and and get appointed as the Estate Trustee.
PLEASE NOTE: It's important to note that laws and regulations are subject to change, and the information provided in the article may not reflect the most up-to-date legal requirements. Therefore, before making any decisions or taking any action, it's essential to consult with a legal professional to ensure that you have the most current and accurate information.
The content provided on this website is for informational purposes only and should not be considered as professional legal advice. If you have specific questions or concerns about your situation, it's always best to consult with our highly competent estate lawyer who can provide personalized guidance.