Obtaining “probate” — the court process that confirms the authority of an estate trustee (or appoints one where necessary) — is often a necessary and time-sensitive first step in the administration of an estate in Ontario. Although the probate application process is not overly difficult, it is technical in nature and can feel overwhelming during a period of grief.
Some estates require full legal representation throughout the probate process. Others are administered by executors who are comfortable handling much of the work themselves with limited professional guidance in order to keep costs manageable. These accessible, group-format live online workshops have been designed with the latter type of estate in mind.
The workshops are intended to provide participants with a practical understanding of the Ontario probate process, including the court forms, supporting documents, common procedural requirements, calculation and payment of “probate” tax and general steps involved in preparing a probate application. By the conclusion of the workshop, participants are generally well-positioned to organize the required information and documents and to prepare and finalize a probate application for submission to the court.
While the workshops may be helpful to anyone wishing to better understand how probate works in Ontario, they are generally not intended for complex or contentious estates involving issues such as disputed wills, disputes over estate assets, missing original wills, separated spouses, ongoing litigation or similar complications. There are currently two general workshop streams: Workshops for Estates with a Will and Workshops for Estates without a Will.
This Workshop Program May Be Suitable for You If:
- you are comfortable learning about the Ontario probate process in a group setting and potentially asking high-level questions during a live session;
- you are an estate trustee or family member dealing with an Ontario estate;
- the estate is relatively straightforward and non-contentious;
- you wish to keep probate-related costs manageable;
- you are comfortable handling much of the administrative work yourself;
- you are comfortable using basic computer programs such as internet search engines, Microsoft Word and email;
- you are comfortable gathering documents and processing financial information;
- you are comfortable communicating with financial institutions and other third parties;
- you would benefit from practical, step-by-step guidance regarding the Ontario probate process;
- you would like to better understand the required court forms, supporting documents and typical probate procedures before preparing an application;
- you are seeking procedural guidance and education rather than full legal representation.
Workshops for Estates with a Will are approximately 2.5 hours in length and include approximately 1.5 hours of practical instruction using sample documents and actual court forms, followed by approximately 1 hour of live discussion and questions and answers. Workshops for Estates without a Will are approximately 3 hours in length and include approximately 2 hours of practical instruction using sample documents and actual court forms, followed by approximately 1 hour of live discussion and questions and answers.
The workshops are currently being conducted online over Zoom, allowing participants to maintain privacy while still benefiting from practical instruction and live question-and-answer interaction. The workshops are held by Birute Luksenaite, an experienced Ontario tax and estates lawyer and founder of Portfolio Estate Law. The workshops are held in the evenings in order to better accommodate participants with busy working schedules and family commitments.
Please note that participants’ specific legal circumstances and confidential estate information are not individually reviewed or assessed as part of the workshops. The workshops are intended to be educational in nature only and do not create a solicitor-client relationship. Participants are always welcome to book follow-up meetings for legal advice as necessary.
Estates with a Will
Book your workshop here.
Estates without a Will
For estates where the deceased died without a will, the workshop should generally be booked by the individual or individuals who are entitled to apply to act as estate trustee under section 29 of Ontario’s Estates Act (Ontario). In general terms, this will usually mean:
- a surviving married spouse or common law spouse;
- if there is no surviving spouse, the deceased’s surviving children; or
- in the absence of surviving children, other surviving closest family members.
Because entitlement to apply for appointment as estate trustee in an intestacy is governed by legislation and can become more complicated in certain family situations, participants are encouraged to review section 29 of the Ontario Estates Act before booking the workshop: Ontario Estates Act – Section 29.
In situations involving separated spouses, competing family members, minors, disputes regarding entitlement to act, uncertainty regarding next of kin, or other potentially contentious circumstances, these workshops may not be appropriate and independent legal advice may be required. If you do wish to book a Probate Workshop for Estates without a Will, you may do it here.