Obtaining a Certificate of Appointment of Estate Trustee in Ontario often takes several months. Based on our experience handling estate property sales, a wait of at least two months is common, and three to six months or longer isn’t unusual. Ontario’s published guidance says regular applications are typically processed within 15 business days, but that estimate doesn’t reflect the longer timelines we’ve encountered in practice. The time required to prepare the application, obtain supporting documents and resolve any court-related issues can also extend the process.
If you’re the executor of an estate that includes a house, the probate timeline can affect when the property can be sold. In the meantime, you may still need to arrange insurance, maintain the property and decide what to do with its contents.
This guide explains how long probate can take in Ontario, what can delay an application and what executors should consider when managing a home during the process.
Gordons is a real estate brokerage, not a law firm. This article provides general information about probate and estate property management, not legal advice. Consult an Ontario estate lawyer about the requirements of your particular estate.
How Long Does It Take to Receive a Certificate of Appointment in Ontario?
Probate is the court process used to confirm or establish an estate trustee’s authority to manage an estate. If the application is successful, the Ontario Superior Court of Justice issues a Certificate of Appointment of Estate Trustee. Estates valued at $150,000 or less may qualify for a simplified process that results in a Small Estate Certificate.
According to Ontario’s probate application guidance and small estate guidance, the published processing estimates are:
- Regular applications for a Certificate of Appointment of Estate Trustee: 15 business days.
- Small estate applications: Five business days.
These are the province’s published processing estimates, not guaranteed timelines for receiving a certificate.
In our experience working with Ontario estates, obtaining a Certificate of Appointment typically takes considerably longer. We generally advise families to anticipate at least two months, with three to six months or longer possible depending on the courthouse and circumstances.
Missing documents, objections and matters requiring a judge’s decision can extend the process further. If you’ve already filed an application, your estate lawyer or the estates court office can provide information about its status.
The Probate Timeline From Preparation to Estate Settlement
| Stage | What Happens | What Affects the Timeline |
| Prepare the application | Locate the will, obtain proof of death, identify estate assets and their date-of-death values, and complete the required forms. | Availability of records, estate complexity and time needed to establish asset values. |
| Notify beneficiaries | Provide the required application documents to beneficiaries and other recipients, as applicable. | Regular applications require notice before filing. Small estate applications require notice at least 30 days before filing. |
| File the application | Submit the application and supporting documents to the Superior Court of Justice and pay any required Estate Administration Tax deposit. | Completing the documentation and meeting the applicable filing and payment requirements. |
| Court review | Court staff review the application and search estate court records for potential issues. | Ontario publishes a 15-business-day processing estimate for regular applications and five business days for small estates. Actual processing can take significantly longer. |
| Certificate issued | If approved, the court issues a Certificate of Appointment of Estate Trustee or Small Estate Certificate, as applicable. | Based on our experience, receiving a regular Certificate of Appointment often takes at least two months, and three to six months or longer is possible. |
| Administer the estate | Manage estate assets, address debts and taxes, arrange any necessary property sale and distribute the estate in accordance with applicable requirements. | Complexity of the estate, property transactions, tax matters and any disputes. |
After the certificate is issued, the estate trustee generally must file an Estate Information Return with the Ontario Ministry of Finance within 180 calendar days. This reports the estate’s assets and their values at the date of death. It is separate from the probate application and doesn’t establish when the estate must be fully settled.
If you’re just beginning the process, our executor checklist for the first weeks after a death explains the initial tasks and information you’ll need to gather.
What Can Delay Probate in Ontario?
Missing documents, incomplete information and legal disputes can delay probate in Ontario. During its review, the court also checks whether another application has been filed, whether anyone has objected and whether a more recent will has been deposited with the court. If an issue arises, the applicant may need to provide additional information or obtain a judge’s decision before a certificate can be issued.
Several complications can also delay the application before it reaches the court:
- Valuing the estate. The application requires the date-of-death value of the assets included in the estate for probate purposes. This may involve obtaining property valuations, financial records or information about personal belongings such as jewellery, art and collectibles.
- Notifying beneficiaries. Beneficiaries must receive the required application documents before filing. The application must be signed before a commissioner for taking affidavits. If a beneficiary is a minor or an adult who is mentally incapable, notice may also need to be provided to the Office of the Children’s Lawyer or the Office of the Public Guardian and Trustee.
- Estate administration bonds. Some applications require a bond under the Estates Act. If a bond is required, arranging it or applying to the court to dispense with it can add time.
- No valid will. If someone dies without a will, an eligible person must apply for authority to administer the estate. Additional documentation, such as consents from people with priority to apply, may be required.
These complications can add to an already lengthy process, particularly if the court needs additional documents or a judge’s decision. An Ontario estate lawyer can help identify the requirements that need to be addressed before filing.
How Much Does Probate Cost in Ontario?
Ontario’s main probate charge is the Estate Administration Tax, governed by the Estate Administration Tax Act, 1998.
For estate certificate applications made on or after January 1, 2020, the rates are:
- First $50,000 of estate value: No Estate Administration Tax.
- Value above $50,000: $15 for every $1,000, or part of $1,000.
For example, an estate valued at $240,000 would have an Estate Administration Tax of $2,850:
| Calculation | Amount |
| First $50,000 | $0 |
| Remaining $190,000 × $15 per $1,000 | $2,850 |
| Total Estate Administration Tax | $2,850 |
The estate value is rounded up to the next $1,000 when calculating the tax. You can estimate the amount using our Ontario probate tax calculator.
How Is the Family Home Valued for Probate?
For Estate Administration Tax purposes, assets are generally valued as of the date of death, not the date they’re eventually sold. If the estate includes a house, its relevant value is based on its fair market value at the date of death, even if the eventual sale price is higher or lower.
The value reported for probate depends on which assets form part of the estate and the applicable valuation rules. Certain assets may pass outside the estate, and deductions may apply to eligible encumbrances on Ontario real property. An estate lawyer can help determine what should be included, while a qualified appraiser can help establish the property’s date-of-death value.
When Is Estate Administration Tax Paid?
Estate Administration Tax is generally paid as a deposit when the probate application is filed, unless no tax is payable or the court has authorized a deferral. The deposit is applied toward the tax payable when the estate certificate is issued.
An Estate Information Return must generally be filed with the Ontario Ministry of Finance within 180 calendar days after the certificate is issued. This return reports the estate’s assets and date-of-death values.
Estate Administration Tax is separate from other potential expenses, such as legal fees, property appraisals, accounting services and the costs of administering the estate. For the current rules, see Ontario’s Estate Administration Tax guidance.
What Can Executors Do With a House While Waiting for Probate?
While probate is pending, there are steps an executor can often take to protect the property, document its contents and prepare for a future sale. However, authority to sell, transfer or distribute estate assets depends on the circumstances. Before making decisions about valuable belongings or entering into a property sale agreement, confirm what you’re authorized to do with your estate lawyer.
Secure and Insure the Property
If the home is empty, contact the insurance company promptly. Home insurance policies may have restrictions or additional requirements when a property is vacant. Depending on the policy, you may need to arrange regular inspections, maintain the heating system or obtain a vacancy permit. Ask the insurer to confirm the requirements in writing.
You should also consider securing the locks, collecting or forwarding mail, arranging regular property checks and keeping utilities and property taxes current.
For executors who live outside the area, managing an empty property can be difficult. Gordons provides vacant home management as part of its full-service estate listing, including property checks, seasonal maintenance and coordination with the estate’s insurance broker.
Arrange Date-of-Death Valuations
The probate application requires information about the value of estate assets at the date of death. For a home, this means establishing its fair market value as of that date, rather than relying on what it might sell for later.
Valuable household contents, such as artwork, antiques, jewellery and collectibles, may also need professional valuation. Not every household item requires a separate formal appraisal, but significant assets should be identified and documented before they’re sold or distributed.
Gordons coordinates certified estate appraisals for real estate and personal property. These services are included at no additional charge as part of the full-service estate listing arrangement. Standalone appraisal services are also available.
Document and Sort Household Contents
You can begin identifying and documenting the belongings in the home while probate is pending. Start by recording valuable items and anything specifically mentioned in the will, then organize the remaining contents according to what may need to be kept, distributed, sold or donated.
Before belongings are removed or distributed, confirm the instructions in the will, any beneficiary entitlements and your authority to proceed. This is particularly important for valuable items or where there may be disagreements among beneficiaries.
Gordons can help coordinate the sorting, sale, donation and removal of household contents once the appropriate decisions and approvals are in place.
Prepare the Home for Sale
Depending on the estate’s circumstances, cleaning, repairs, property assessments and other sale preparations may be possible before probate is completed.
Ontario’s probate guidance recommends obtaining a Certificate of Appointment of Estate Trustee or Small Estate Certificate before entering into an Agreement of Purchase and Sale when the deceased’s real property must be sold.
An estate lawyer can confirm whether probate is required for the transaction and when the executor can proceed with a listing or sale agreement.
Gordons can coordinate property preparation and the eventual sale through its real estate services. Through interim funding, approved expenses such as cleaning, repairs and property preparation can be covered upfront and recovered from the sale proceeds at closing.
Planning these steps while probate is underway can help reduce the work remaining once the estate is ready to sell.
How Gordons Helps Executors While Probate Is Pending
Gordons helps executors with the practical work involved in preparing and selling an estate home. Our team can coordinate property and contents appraisals, vacant home management, household contents, property preparation and the eventual real estate sale.
We don’t prepare or file probate applications or provide legal or tax advice. Executors can work with their own estate lawyer, and Gordons can coordinate the property-related work alongside the legal process. Our probate support services page explains how we help.
Our full-service estate settlement program is designed for estates that include a property being listed for sale with Gordons Real Estate Brokerage. It brings the property, contents and sale preparation together under one coordinated plan. If the estate doesn’t involve a property sale, standalone services such as appraisals may still be available.
If you’re managing an estate property while probate is pending, contact Gordons for a free consultation to discuss what can be done now and what may need to wait.
Frequently Asked Questions
Can you sell a house before probate in Ontario?
You can often begin preparing a house for sale while probate is pending, but your authority to enter into a sale agreement depends on the estate’s circumstances. Ontario recommends obtaining a Certificate of Appointment of Estate Trustee or Small Estate Certificate before signing an Agreement of Purchase and Sale when the deceased’s property must be sold. An estate lawyer can confirm whether probate is required and when the sale can proceed.
Do all estates have to go through probate in Ontario?
No. Probate isn’t required for every Ontario estate. The need for a certificate often depends on the assets involved, how they’re owned and whether a financial institution or other party requires proof of the estate trustee’s authority. For example, property held in joint tenancy may pass directly to a surviving owner through right of survivorship. An estate lawyer can help determine whether probate is necessary.
How long does probate take in Toronto?
Although Ontario publishes a 15-business-day processing estimate for regular probate applications, receiving a Certificate of Appointment of Estate Trustee often takes considerably longer. Based on our experience handling estate property sales, families should generally plan for at least two months, with three to six months or longer possible depending on the courthouse and circumstances. The estates court office or your estate lawyer can provide updates on a filed application.
How do I check the status of my probate application in Ontario?
Contact the estates court office where your application was filed or ask the lawyer handling your estate. Have the deceased’s name and any application or court file reference available to help staff locate the application. The court can advise you about its status and whether further information is required.
How long after probate can funds be distributed in Ontario?
There isn’t a fixed waiting period after probate is granted. Before distributing the estate, the executor must address outstanding debts, taxes and other obligations. The Canada Revenue Agency generally requires a clearance certificate before final distribution to protect the legal representative from personal liability for unpaid taxes. Some interim distributions may be possible if sufficient assets are retained to cover outstanding obligations. Consult an estate lawyer or accountant before distributing funds.
Need Help Managing an Estate Property During Probate?
If you’re responsible for a home in an Ontario estate, there’s often work that can begin while probate is pending. Gordons can help coordinate appraisals, vacant property management, household contents and preparations for the eventual sale.
Our team works alongside your estate lawyer to manage the property-related tasks while the legal process moves forward.
Book a Free Consultation to discuss the property and the next steps.
