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Not all wills require probate, but many do. Generally, if a will has assets that need to be transferred through the probate process, then it must be probated. Additionally, certain small estates may qualify for simplified procedures that avoid full probate. This can be important to consider when you are thinking about selling a property under a will.
- When it comes to the cost of probate, British Columbia has a set fee structure: For assets under $25k there's no charge at all; anything between that and 50K is 0.6% of the estate's value. Anything above $50,000 is charged 1.4% of the estates value.
In Ontario, it is legal to write your own will as long as you've met all the criteria for a legal will. This means you can confidently create your will with an online platform, like Willful, or even by hand if you wish.
In Ontario, probate is required when a deceased person's assets are held in their sole name. This includes assets such as real estate, bank accounts, investments, and personal property. If the assets are jointly held with someone else, probate may not be required.
If accounts have not been passed after two years, a beneficiary can again apply to the court to require passing of the executor's accounts. The executor will need to explain why the estate has not yet been settled.
If an estate is under $150,000 probate can be applied for through the small estate court process, otherwise, an estate must be probated through the more extensive application for estate certificate process.