Effective January 1, 2020, Ontario eliminated estate administration tax (also known as probate tax) on estates valued under $50,000. When someone dies owning a car, it can be transferred by visiting. Executors should also request a Clearance Certificate from the CRA to confirm that all assessments are final. Laurie, sorry to hear about your father’s passing. Myself and other beneficiaries have had two payments paid to us but are still waiting on the remaining funds being paid and the estate being finalised. Hi, I didn’t see if there was a way or not to change the Will after the fact the person has passed away. Ottawa, ON K1G 3, e: info@ontario-probate.ca I didn’t know that probate is what happens when someone dies owning an asset. Please also note that while we do our best to provide a secure environment, there is always risk to you when submitting information online via forms, chat, and other means, and that we cannot be held liable for any breaches in security as it relates to the submission of any information to us via our website or other such publicly facing communication methods. Was it jointly held? One question I did have is, when your assets are frozen in your estate, are you able to use your assets to pay the estate administration tax? You can bet that this requirement is not going anywhere! Right now the courts are experiencing a backlog in processing the Applications for a Certificate of Appointment of Estate Trustee (Executor). Since June of 1992 when Ontario tripled its probate fees, people have been looking for ways to avoid paying them. bit.ly/2Xgzxn8#tax #lawyer ... See MoreSee Less, The team at Hummingbird Lawyers LLP would like to extend our warmest wishes for a very Merry Christmas. In 2015, Ontario introduced a mandatory Estate Inventory Disclosure process. I would like to know where we as his children and sole beneficiaries stand as far as rights go. My brother and I were to split the personal property (stuff) and split the real estate – my dad’s home. My mother-in-law (widowed) passed away from covid-19 in April 2020. Executor’s Duties Hi John and thank you for your comment. Many estates of “the first spouse to die’, or, which do not involve real estate or significant financial assets, do not need probate. Please contact our firm to speak to a probate lawyer directly, or fill out the form on this page and our lawyer will get in touch with you. A life insurance policy made payable to a person could be used, however, they technically have no obligation to use the funds to pay for the EAT. These taxes should be paid before any estate assets are distributed to beneficiaries. However, dealing with the courts and the required paperwork can be a complex and confusing process, and most people do seek legal assistance with probate, and later, with administration of the estate. Beginning January 1, 2020, the Estate Administration Tax has been eliminated for the first $50,000 of the value of the estate. Lawyers and licensed paralegals offer legal services to help you. In case she put the assets in joint name and there will be no probate, I also suggest having a lawyer draft a demand letter asking her for information and a copy of the will. She (executor-trustee) has made the initial move to list the home for sale without consulting us. One of the reasons that our consultation service is so popular is that we can provide advice to you on an ‘as and when needed basis’ without taking over responsibility for the whole matter. This used to be called “Letters of Probate.” The Executor or “Estate Trustee” is the named person who follows the will and distributes the estate. also as parents partner pass 15 years prior brother was saftey net for parent, companion etc. our parent died june this year, none of the items listed in will have been offered to receipients, why havent these itens bern gifted, is there somethi g we shpuld be doing or requesting, to receive those items? I pay all her expenses thru this account and have been thru use of her online access. See below for information on how to transfer a car, or transfer title to real estate property. The deceased’s income taxes. My husband and I are looking for tips to help my mother and father get probate to make sure that their assets are evenly divided. An estate trustee who applies for a Certificate of Appointment of Estate Trustee (“probate”) must file an Estate Information Return (“EIR”) with the Ministry of Finance within 90 days after the issuance of probate. The Ontario Estate Administration Tax, or probate fee, is assessed on the total value of a deceased individual’s estate, providing the estate’s worth exceeds the sum of $50,000. I am the sole beneficiary of my mother estate as stipulated in her will. If you have to go to probate strictly to clear out a few bank accounts whereby all other assets have been dealt with, where do you submit the forms to move forward….can we do it ourselves. Probate fees (or estate administration tax) is calculated on the total value, in Canadian dollars, of a deceased person's estate. A Will cannot be changed after the fact. as younger brothers lived in home with dead parent for +23 years, due to his medical requirements. The estate must pay all income taxes owed by the deceased. Should this have taken this long? Our address for deliveries in  Mississauga is: Miltons Estates Law Hello, My mother passed away Dec 30, 2019, with a will that names me as the executor. There are two possible avenues we can look into. The Estate Trustee or Executor must file an Estate Information Return to the Ontario Ministry of Finance within 90 calendar days of the issued Certificate of Appointment. Ask people like the deceased’s accountant, life insurance broker, financial broker, lawyer, and closest friend, as to whether they know of any Will the person may have left. The Certificate of Appointment proves the authority of the Executor to administer the provisions of the deceased’s will or if there is no will, as directed by the Ontario Succession Law Reform Act lists who may apply to become the Executor of the estate as well as who the heirs of law would be. My husband had been estranged from his family for many years. As a beneficiary, you are entitled to an accounting and can ask for statements/receipts. He had 2 vehicles that he did not mention in the will. Here in Ontario, we don’t call it Probate anymore (officially). The book was written by Hummingbird's Wills & Estate lawyer, Amy MacAlpine. His sister talked her mother into giving her $80,000 to buy a house so she could leave the nursing home and live with her. 555 Legget Drive Hello, based on what you describe you most likely will be able to request the bank to waive any probate requirement after her death for the remaining funds. Can you guide us please ? I do not know if there is a will, what do I do? And whether the bank will accept a waiver of probate is required “ probate taxes can demand! That EAT is an Ontario tax that is the court process to keep tax costs check. Trustee to handle as my father had told us all mom ’ s estimated tax! Meetings, so she had no other assets banks occasionally waive probate for small Estates when is... 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