Probate Lawyer in Toronto

Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan. We guide executors and families through probate and estate administration in English, French, Farsi, Russian and Serbian.

Banks, investment firms and the land registry usually ask for a certificate before they release assets or transfer real estate held in the deceased's sole name. Probate may not be needed where assets pass directly to someone else, such as property held jointly with a right of survivorship, or registered plans and insurance with a named beneficiary. When there is no will, a person applies for a certificate without a will. See dying without a will in Ontario.

1. Locate the original will and gather the list and values of the estate's assets.
2. Prepare the application for a Certificate of Appointment of Estate Trustee and supporting documents.
3. Serve notice on the beneficiaries and others entitled to it.
4. File with the Superior Court of Justice and pay Estate Administration Tax.
5. File the Estate Information Return with the Ontario Ministry of Finance within 180 days after the certificate is issued.
6. Collect assets, pay debts and taxes, and distribute the estate with proper accounts.

An estate trustee must act honestly and impartially, keep estate funds separate, keep accounts and pay the deceased's taxes, including the final income tax return, before distributing. Distributing too early can make the trustee personally liable. We help trustees get a clearance certificate from the Canada Revenue Agency, obtain releases from beneficiaries and, where needed, pass accounts. Disputes are handled by our estate litigation team.

Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.