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Generally it takes 6 to 8 weeks for grant of proabte in Ontario. At busy court location such as Toronto probate application process can take upto 5 months. In some cases, it took several months for a probate grant due to errors or motions and objections filed by parties. Therefore, it is not a concert timeline.
A grant of probate proves the validity of an individual's will and grants authority to the executor, while a Grant of Administration is necessary when no Will can be found and an executor must be appointed.
If you were named executor in the deceased's will, you can go to the Ontario Superior Court of Justice with the following documents: The original will; A death certificate; Court application forms. These include: Application (Form 74A) Affidavit of Service (Form 74B)
How to obtain a Certificate of Appointment without a Will in Ontario. In Ontario, the application is made to the Superior Court of Justice. The applicant must file the application in the office of the county or district where the deceased was living when they died.
A party wishing to contest the issuance of a grant of probate or administration may file a Notice to Dispute under Rule 25 (10) of the Supreme Court Rules. While a notice to dispute is in effect, the registrar must not issue an estate grant.
When a person dies without a will, the provincial government gets to decide who gets the money in your bank account. Provincial governments will often prioritize immediate family members or blood relatives of the deceased person, which can leave common-law partners with nothing.
Finally, an executor has the power to distribute what remains of the estate to the beneficiaries. However, the executor cannot independently decide how the estate is distributed. They must follow the instructions in the will or the succession laws of the relevant jurisdiction.
When a person dies without a will someone, usually a close relative must apply to the court to be appointed as the estate trustee without a will. If there is a dispute as to who should be appointed the matter must be referred to a judge to determine the most appropriate person to act as estate trustee.