For a straightforward Ontario estate, plan on 8 to 12 months from death to final distribution. Complex or contested estates may take 18 months to 3 years or more. Roughly, the timeline breaks down as:

• Court processing (Certificate of Appointment/probate): 4 to 8 weeks for a clean application in smaller jurisdictions, such as Kingston, though Toronto, Brampton, and Newmarket courts often take longer - sometimes 3 to 6 months during busy periods.

• Asset identification and valuation: typically 1-2 months, longer if there are hard-to-value assets like real estate, a business, or artwork.

• CRA Tax Clearance Certificate: commonly takes 6 to 8 months to issue, and more complex estates can take even longer.

• Final distribution: usually held until debts, taxes, and the clearance certificate are settled, since distributing early can expose the estate trustee to personal liability.

NOTE: Timelines may vary estate. This is provided for general information purposes only.

No - not all estates in Ontario require probate. Whether it’s needed depends on the type of assets owned by the estate and how they’re held.

Assets that generally bypass probate:

• Assets held jointly with right of survivorship (e.g., a jointly owned home or joint bank account) - these pass directly to the surviving joint owner.

• Assets with named beneficiaries, such as RRSPs, RRIFs, TFSAs, or life insurance policies - these pass directly to the named beneficiary outside of the estate.

• Small estates or accounts where the financial institution is willing to release funds without a Certificate of Appointment (policies for releasing funds vary by institution and by asset size).

Assets that typically require probate:

• Real estate held solely in the deceased’s name (or as tenants in common).

• Bank or investment accounts held solely in the deceased’s name, where the institution requires a Certificate of Appointment before the release of funds.

• Situations where there is no Will, a dispute over estate trustee, or uncertainty about the Will’s validity.

Schedule a meeting with Deveau Law to review the estate assets and ownership of assets to help you determine whether probate is required.

Yes - in Ontario, an executor (also known as the Estate Trustee) can be held personally liable if they mishandle the administration of an estate. The executor is treated as a fiduciary who must act honestly, in good faith, and in the best interests of the estate, and these duties apply regardless of whether the executor is a family member.

COMMON GROUNDS FOR PERSONAL LIABILITY:

• Distributing estate assets too early: paying out assets before obtaining a clearance certificate from the Canada Revenue Agency can result in the executor being personally liable for the estate’s unpaid tax.

• Paying debts in the wrong order: paying unsecured creditors before satisfying the CRA or other secured creditors.

• Mismanaging or imprudently investing estate assets: this may include selling estate property for less than fair market value without proper authority.

• Poor or incomplete record-keeping: surfaces during a passing of accounts where the executor cannot properly account to beneficiaries for money received by or spent on behalf of the estate.

• Favouritism or conflicts of interest: towards beneficiaries or improper dealings with estate assets by the executor.

• Unreasonable delay: failing to move the estate forward, which may cause a financial loss to the estate and to the beneficiaries.

Courts do not expect perfection from executors, but they do expect care, honesty, and proper process.

Deveau Law provides trusted guidance and advice to executors to navigate the estate administration process smoothly and avoid personal liability.

You can reach DEVEAU LAW by telephone, e-mail or via our contact page.

We aim to respond quickly - usually within one business day.

Deveau Law offers flexible pricing based on estate size and complexity. After an initial conversation, you will receive a transparent quote with no hidden costs.

Working with Deveau Law

When you work with Taylor Deveau, you get a lawyer who tells you the truth - even when it’s difficult to hear, and has your best interests top of mind. Transparency and honesty are foundational values in my practice. You will always know where your matter stands, what it will cost, and what to expect next, with no surprises or unnecessary complexity.

Integrity guides every decision I make on your behalf. My advice is built around what’s truly in your best interest. Because your time and peace of mind matter, I work efficiently - moving your matter forward without delay, so you can get back to what matters most.

Clients choose to work with me because they know they can trust my advice. I pride myself on transparent, open communication and delivering quality and cost-effective results for my clients.