Affidavit for Small Estates

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Commonly Asked Questions about Affidavit for Small Estates

How much does an estate have to be worth to go to probate in Ontario?

ing to the Estate Administration Tax Act of Ontario, there is no probate fee for estates with assets up to and including $50,000. For estates valued at more than $50,000, tax is charged at a rate of 1.5%, so $15 for each $1,000 of the estates value.

Is a bond required for a small estate in Ontario?

Situations Where a Bond May Not Be Needed In some cases, it may be decided that an estate is exempt from needing the estate administration bond: Small Estates: Under Section 36 of Ontarios Estates Act, administration bonds are typically not required for smaller estates below a certain threshold.

What is form 74A in Ontario?

Form 74A is required when applying for a Certificate of Appointment of Estate Trustee with a Will, with a Will Limited to the Assets referred to in the Will, and without a Will. Form 74.1A is required when applying for a Small Estate Certificate (currently being an estate valued at $150,000 or less).

What is considered a small estate in Ontario?

Apply for probate of a small estate As of April 1, 2021, a small estate is defined for probate purposes as an estate that is valued at $150,000 or less. You can use a simplified process if you are applying for probate of an estate that is valued at $150,000 or less. The process is set out in the: Estates Act.

What is the estate limitation period in Ontario?

In Ontario, the limitation period to challenge a will is two years from the date of the testators death. This follows the basic limitation period under the Limitations Act. It was reinforced in the Ontario Superior Court decision of Leibel v. Leibel, 2014 ONSC 4516.

What is the small estate limit in Ontario?

In order to fall within the scope of the Small Estate Certificate process, the deceaseds estate must meet the following criteria: Estate Value: The total value of the deceaseds assets must fall within the established $150,000 threshold.

What is the minimum probate estate in Ontario?

So for larger estates, the minimum probate fee may start at $15 for every $1,000 in assets. Fees valid as of July, 2023, accessed from the Government of Ontario. To calculate the tax on an Ontario estate, you can use the Estate Administration Tax calculator here.