Small Estate Probate Administration
Small Estate Probate and Administration
The deceased person may leave behind liabilities, bank accounts, or other assets, including real estate, which is known as their estate.
Only an estate trustee may manage or distribute the estate per the wishes of the deceased if there is a Will or as per Succession Law Reform Act if the person dies without a Will.
In either case, the estate trustee must obtain from the court authority to act as the estate trustee for the estate. The Wills and Estate Lawyers at Gahir & Associate Lawyers assist clients in obtaining Certificate of Estate Trustee from the Court.
The Province of Ontario in April 2021 made changes in the Estate Act to simplify the process for smaller estates. Under the Simplified process, if the estate value is under $150,000.00, an applicant may go through a small estate court process.
The small estate court process is an expedited process that usually concludes within five business days of the application, provided the application is complete.
An applicant may only apply for an estate trustee if the person is named so in the deceased’s Will or entitled under the Succession Law Reform Act or appointed by the Court.
If a person dies without leaving a Will, the spouse typically has the first right to apply. If the spouse is unwilling or unavailable to act as estate trustee, the next-of-kin as defined in the Succession Law Reform Act may apply for the Certificate.
The Court issued Certificate will authorize the trustee to manage the estate assets listed in the Certificate.
If there are minor or incapable beneficiaries, the estate trustee would need to involve the Office of Children’s Lawyer and the Office of the Public Guardian and Trustee to protect the interest of the minors and incapable adult beneficiaries.
The Wills and Estate Lawyers at Gahir & Associate Lawyers assist clients in preparing Wills, Obtaining Certificate of Estate Trustee, Mediate and Arbitrate Estate Conflicts and representing clients in disputes before Ontario Courts.
Harinder Gahir LL.M., FCIArb
Lawyer, Mediator & Arbitrator
Paljinder Mahaar B.A. LL.B.
Barrister & Solicitor