“Letters of Probate” refer to a legal document issued by the court that confirms the validity of a will and appoints an executor (usually the person named in the will).
In Ontario, this document is now called a Certificate of Appointment of Estate Trustee (With a Will) — the new name simply replaces the old Latin term “probate,” which means “to test or prove.”
To obtain the Certificate (formerly Letters of Probate), an Application must be filed with the Superior Court of Justice for Ontario, in the region where the deceased person lived.
The application typically includes:
• The original will, if one exists
• Details about the deceased person’s assets and debts
Once reviewed and approved, the court issues the Certificate to the executor named in the will.
When hiring an estates lawyer in Toronto, you probably have a goal in mind. It may relate to dealing with an estate, challenging a will, or getting the legal authority to act as executor. We can help. Call us to determine the legal steps you must take to achieve your objective in estates litigation, probate, or administration.
If the deceased person did not leave a will, they are considered to have died “intestate.”In this case, the process differs slightly. Contact us today to find out more.
Learn more
While related, Letters of Probate and the duties of an estate executor are not the same thing.
The Certificate (Letters of Probate) is the legal proof that the will is valid and the executor has the authority to act.
The Executor is the person responsible for administering the estate — identifying assets, paying debts and taxes, distributing inheritances, and filing any necessary tax returns.
