Executor Estate Solutions offers professional services that assist executors in demonstrating to the courts and beneficiaries that the estate was administered properly.
Depending on the services required then the estate will be charged as little as 1.5% of its value which is often less than what estate lawyers and banking firms charge.
Here are some helpful answers provided by Ontario’s Ministry Of The Attorney General in regards to administering an estate:
Where a deceased has left a will and the deceased’s personal representative has filed an application for a certificate of appointment of estate trustee with a will at the Superior Court of Justice, any person may inspect the file and obtain a copy of the will upon payment of the prescribed fee, unless a judge of the court has ordered the file sealed. The application is filed at the court location in the county or district where the deceased resided.
Fees payable to access a court file and to obtain a photocopy of a filed document may be viewed on the Ministry’s website.
The matter of death benefits falls within the jurisdiction of the federal government. Find more information online at the Canada Benefits page on dealing with death in Ontario, or the Service Canada page on Canada Pension Plan Death Benefits.
For information on death benefits, you may contact Human Resources and Skills Development Canada (HRSDC) at 1-800-277-9914, delivered by Service Canada. An operator will be able to refer you to your local HRSDC branch and provide you with more information on death benefits.
An application for “probate” (now called a certificate of appointment of estate trustee with a will) or “administration” (now called a certificate of appointment of estate trustee without a will) is filed at the Superior Court of Justice located in the county or district where the deceased had his or her permanent residence.
If the deceased had no permanent residence in Ontario, the application is filed at the Superior Court of Justice in the county or district where the deceased’s property is located.
Inquiries about the status of an estate application that has been filed with the Superior Court of Justice should be directed to the civil office of the Court (in Toronto, to the Estates Office).
The estate administration tax is calculated on the total value of the deceased’s estate wherever situated, that is sworn/affirmed to on the application for a certificate of appointment of estate trustee under “Value of Assets of Estate”. The formula for calculating the amount of the tax is set out in the Estate Administration Tax Act, 1998 as follows:
- $5 for each $1,000, or part thereof, of the first $50,000 of the value of the estate, and
- $15 for each $1,000, or part thereof, of the value of the estate exceeding $50,000.
Use the estate administration tax calculator to find out the estate administration tax payable for estates valued between $1,000 and $5 million.
The certificate of appointment of estate trustee must be printed and typewritten. This ensures that there is no question about the content of a certificate of appointment of estate trustee that is issued by the Superior Court of Justice.
Other court estate documents may be handwritten, so long as (1) they are legible, and (2) a printed copy of the form in accordance with the required format is used.
All court documents whether printed, typewritten or written must meet the requirements of the Rules of Civil Procedure relating to the standards for format. This includes spacing, margins, print size and quality of paper.
In law, an election is a legal decision or choice. When a married spouse dies and has left a will, the surviving spouse can make an election to receive:
- An equalization payment under the Family Law Act, or
- His or her entitlement under the will.
When a married spouse dies and there is no will, the surviving spouse can make an election to receive:
- An equalization payment, or
- His or her entitlement as a spouse under the Succession Law Reform Act.
A surviving spouse has six months from the date of the spouse’s death to make an election. If an election is not made within six months, the spouse will be granted his or her entitlement under the will, or under the Succession Law Reform Act if there is no will.
The election has important impacts on the rights of the surviving spouse. Surviving spouses should seek legal advice before making an election.
If you decide to make an election (see question above), the election must be filed in-person or by mail with the Estate Registrar for Ontario within six months of the spouse’s death. To file an election, complete the form shown here and send to:
Estate Registrar for Ontario
c/o Toronto Estates Office
Superior Court of Justice
330 University Ave
Toronto ON M5G 1R7
If you have any questions about filing an election, please call the Estate Registrar for Ontario at 416-326-2940 or firstname.lastname@example.org. (Please note that elections may not be filed by email.)