Topic

Probate & court certificates

When a court issues a certificate of appointment, fee models, estate information returns, and provincial filing nuances.

7 guides in this topic.

What is probate—and when does an estate require a certificate of appointment?
Probate validates testamentary instruments and authorizes the personal representative to deal with certain assets; fees, forms, and small-estate shortcuts vary provincially.
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How do Ontario probate applications and estate information returns interact?
Applicants assemble court forms, valuations, and the Estate Information Return; institutions may insist on a certificate of appointment of estate trustee before releasing certain assets.
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How does probate proceed for British Columbia estates under Supreme Court rules?
BC-specific forms, affidavits of assets and liabilities, and fee schedules apply; some property may pass outside probate if survivorship documentation is clear.
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Joint ownership, named beneficiaries, and other paths that bypass probate—sometimes
Assets that pass by survivorship or contract can leave the estate smaller on paper, which may reduce probate exposure but also shifts who receives value outside the will’s residue clause.
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Probate fees and court tariffs: how provinces differ at a high level
Some provinces tie probate fees to estate value using tiered schedules; others use flatter charges. Numbers change with government budgets, so treat any fee table as something to verify at filing time.
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“Avoiding probate”: sensible strategies versus risky shortcuts
Legitimate planning uses clear ownership structures, beneficiary designations, and trusts where appropriate. Risky shortcuts may invite tax reassessments or family litigation.
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Income tax at death: deemed disposition in plain (still technical) language
Canadian tax rules may treat certain assets as sold at death, triggering capital gains and other reporting obligations on terminal and trust returns. This is an overview—not tax advice.
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What is probate—and when does an estate require a certificate of appointment?

How do Ontario probate applications and estate information returns interact?

How does probate proceed for British Columbia estates under Supreme Court rules?

Joint ownership, named beneficiaries, and other paths that bypass probate—sometimes

Probate fees and court tariffs: how provinces differ at a high level

“Avoiding probate”: sensible strategies versus risky shortcuts

Income tax at death: deemed disposition in plain (still technical) language