Probate wait times in Ontario vary significantly by municipality. While smaller regional courts might process a Certificate of Appointment of Estate Trustee in 4 to 6 weeks, the downtown Toronto Superior Court of Justice frequently takes 4 to 6 months due to extreme volume.
One of the most common questions executors ask when an estate opens is, “How long until I get the probate certificate?” In Ontario, probate is formally known as a Certificate of Appointment of Estate Trustee. Until you have this document in your hands, you generally cannot sell the deceased’s real estate, liquidate their stock portfolios, or access large bank accounts. This waiting period can be incredibly stressful for both the executor and the beneficiaries who are anxious for the estate to be settled.
The frustrating reality of the Ontario justice system is that wait times are not uniform. The province operates on a localized court system, meaning your application joins a physical or digital queue at a specific courthouse. 📁 A file submitted in a bustling metropolis will face a much larger backlog than one submitted in a quieter rural region. Having a properly prepared application is the best defence against further delays. We highly recommend utilizing an experienced estate lawyer from our directory to ensure your submission is flawless on the first try.
Step-by-Step Process in Ontario: Filing for Probate
You cannot simply shop around for the fastest courthouse in Ontario. The Rules of Civil Procedure dictate exactly where and how an executor must file their probate application. Whether you are dealing with a simple Will or an intestacy (no Will), the administrative steps are strictly enforced.
Step 1: Determine the Correct Court Location
Under Ontario law, you must file the probate application at the Superior Court of Justice located in the county or district where the deceased resided at the time of their death. For example, if the deceased lived in Scarborough, you must file in Toronto. If they lived in Ancaster, you file in Hamilton. You cannot file in Ottawa just because the wait times are shorter there.
Step 2: Calculate and Pay the Estate Administration Tax (EAT)
Before the court even looks at your application, you must calculate the Estate Administration Tax based on the fair market value of the deceased’s assets. The payment must be submitted concurrently with the application. If the EAT cheque is missing, or if the calculation is incorrect by even a few dollars, the court clerk will reject the entire file and send it back, resetting your wait time to zero.
Step 3: Submit via the Correct Online Portal
Executors and their lawyers can file probate applications electronically. For most regions in Ontario, this is done using the Justice Services Online (JSO) portal. However, under the Toronto Regional Practice Directions, filings for the Toronto Region must be submitted through the newer Ontario Courts Public Portal (OCPP). While e-filing saves trips to the courthouse, the original physical Will must still be physically delivered to the local courthouse within a strict timeframe after filing.
Step 4: Respond to Requisitions (Errors)
If the court finds an error in your application-such as a missing signature, an unclear affidavit, or a typo in the deceased’s name-they will issue a “Requisition.” This is a formal notice that your application is paused until the error is corrected. Resolving a requisition often adds several weeks to your overall wait time.
How Much Does it Cost in Ontario?
While you wait for the court, you must ensure all financial aspects of the application are covered. Filing for probate involves several mandatory costs.
- Estate Administration Tax (EAT): The tax is $15 per $1,000 of the estate’s gross value over $50,000. Estates valued under $50,000 pay zero EAT.
- Court Filing Fees: Currently, there are no separate administrative filing fees just to submit the probate application in Ontario, as the cost is covered by the EAT.
- Lawyer Fees: An estate lawyer will generally charge between $2,000 and $5,000 CAD to draft and file a standard probate application, ensuring there are no errors that could cause requisitions.
Comparison: Average Probate Wait Times by Region
| Ontario Court Location | Estimated Wait Time (Perfect Application) | Impact of a Requisition (Error) |
|---|---|---|
| Toronto (Downtown) | 4 to 6+ months | Adds 4 to 8 weeks |
| Brampton (Peel Region) | 3 to 5 months | Adds 3 to 6 weeks |
| Ottawa (East Region) | 6 to 10 weeks | Adds 2 to 4 weeks |
| Smaller Regions (e.g., Sudbury, Kingston) | 3 to 6 weeks | Adds 1 to 3 weeks |
How Long Does the Process Take?
The total timeline includes preparation and waiting. Gathering asset valuations, drafting the application (Form 74A), and getting signatures usually takes 4 to 6 weeks. Once filed, the waiting period in the court queue takes anywhere from 1 to 6 months depending on the local municipality. If you are forced to deal with a requisition, you should expect the entire process to extend closer to the 6 to 8 month mark in busy jurisdictions.
Frequently Asked Questions (FAQ)
Can I expedite a probate application in Ontario?
Generally, no. Courts process applications on a first-come, first-served basis. However, in extremely rare circumstances (such as an imminent real estate closing that will collapse and bankrupt the estate), a judge may grant an urgent order, but this is highly uncommon and expensive to argue.
What happens if the deceased owned property in two different cities?
You still only file one probate application. You must file it in the county where the deceased lived, not where their secondary properties are located. The resulting Certificate of Appointment is valid across the entire province of Ontario.
Can we sell the house while waiting for probate?
You can list the property on the market and accept an offer, but you must include a specific clause in the Agreement of Purchase and Sale stating that the closing is conditional upon the executor receiving the Certificate of Appointment. You cannot legally transfer the title without it.
Is there a way to check the status of my application?
If you filed electronically through the appropriate online portal (JSO or OCPP), your lawyer can check the digital status. If filed via paper, you can call the local courthouse estate registrar, but they generally advise against frequent check-ins as it slows down their processing times.
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