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What is probate in Ontario?

Many estates cannot be sorted out until the court has issued a document that says who will be the person in charge of the estate, and how the estate will be administered and distributed. 

In Ontario the name of this document is a certificate of appointment of estate trustee.

Most folks, lawyers and clients alike, still call it probate. Probate or a certificate – same thing.

Ontario also calls executor and trustee by the name estate trustee. Again, the term executor and trustee often is still used.

So the court gives a certificate to an estate trustee, and this is proof to the rest of the world that the person named as estate trustee is the person who can deal with the estate assets.

If the deceased person left a will, the certificate is called a certificate of appointment of estate trustee with a will.

If there is no will, it is called a certificate of appointment of estate trustee without a will.

This information is provided by Goddard Gamage LLP subject to our Disclaimer.