August 23, 2017

What is Probate, and When is it Necessary?

If a deceased individual has died with a will, Probate is the validation of that will by a Court, and serves to verify that an executor named in the will has the authority to act for the estate of the deceased. If there is no will, the deceased individual is said to have died “intestate”, and Probate serves as the Court’s authority for an individual to act for the estate of the deceased as per the laws of Ontario.

It is important to note that a will does not preclude the need for probate. Whether or not your loved one’s estate needs to go through the probate process depends on what assets were owned by the deceased, and how they were owned.

Often, executors will require an estate to go through the probate process before any funds or assets in the Deceased’s name can be accessed for sale and/or distribution. This can include:

  • Real estate owned by the Deceased not as a joint tenant
  • Funds at a bank or other financial institution in the Deceased’s name not as a joint owner

It might also be prudent to put an estate through the probate process if estate litigation is foreseeable.

The probate process can be complex and it can be time consuming. Contact Zeeshan S. Baig – Toronto Probate Lawyer, at (647) 771-0130 to book your probate consultation today. To prepare for your consultation, please complete this intake questionnaire.