Have you already probated elsewhere and need to deal with assets in Ontario?
Different rules apply depending on two things –
- Was there a will? and,
- If there was no will was probate previously granted
- anywhere in the British Commonwealth (including all Provinces of Canada), or
- outside the Commonwealth (including the United States).
From within the Commonwealth
If probate has been granted to an estate trustee with or without a will elsewhere in the Commonwealth (which includes any other province of Canada) and the deceased had assets in Ontario, a grant of ‘re-sealing’ can be applied for in Ontario. This is a relatively straightforward application, similar to an original probate application in Ontario. Two court-certified copies of the original grant dated within 6 months of the Ontario application are required (must be certified by the Court that granted probate originally). Estate administration tax on the assets in Ontario must be paid. ‘Bond or dispense’ requirements apply, subject to whether any bonding was posted in the original jurisdiction. The applicant does not need to be resident in Ontario.
From elsewhere, with a will
If the original grant was not in the Commonwealth, and if it was ‘with a will’ then the process in Ontario is known as ‘an ancillary grant of probate’. The applicant does not need to be resident in Ontario. As with a re-sealing, EAT must be paid on the assets in Ontario.
From elsewhere, no will
If there was no will, and the original estate was outside the Commonwealth in a jurisdiction where the deceased resided and if there is an intestacy with respect to Ontario assets, then, an Application for a Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee Without a Will must be filed in Ontario.
This is particularly common for deceased who die without a will, resided in the United States or Europe and had a bank account or owned real property in Ontario.
The nominee estate trustee must be a resident of Ontario. The usual ‘bond or dispense’ requirements will apply.
A certified copy of the original grant under the seal of the Court that issued it will be required.