What is probate and is it always necessary

There is a particular kind of silence that follows loss, the kind that settles over a household like a fine dust, touching everything and it is often into that silence that the law arrives not unkindly but with questions that must eventually be answered. Who inherits? What is owed? How does a life dash with all its accumulated possessions, accounts and affections dash find its way to those left behind? The answer in most cases, begins with single word probate. Understanding it is not merely a legal exercise it is an act of care for the people and the legacy. Yet for all its emotional weight, probate is at its heart a legal procedure, one that exists not to complicate grief, but to bring clarity and order to it. What is Probate? Probate, more formally known as certificate of appointment of estate trustee is a process through which will of the deceased is submitted to Court for its certification. Probate is granted when Court approves either approves the will of the deceased as the valid last will  or Estate to be distributed in accordance with The Succession Law (Reform) Act and gives to the Estate Executor the authority to administer the deceased’s estate. Who needs Probate? Probate is needed whether deceased dies with will or without will. Is Probate always necessary. Probate is not always necessary in Ontario. There are only very limited exceptions when probate is not needed like when the value of the estate is less than $50,000.00 or where estate contains a real property for which first dealings exemption is available. If you are seeking guidance in navigating the legal process after the loss of a loved one, please contact us at +1(942) 660-7779 or at [email protected]. We are here to provide compassionate and practical support during this difficult time.