Probate is the legal process that confirms a will is valid and gives the executor the authority to act on behalf of the estate. While not every estate requires probate, it’s often a necessary step—especially when dealing with real estate, financial institutions, or large assets.
What is probate?
Probate is a court-issued certificate that:
Confirms the will is legally valid
Confirms the executor (or liquidator in Quebec) has the authority to settle the estate
Provides reassurance to third parties—like banks, government agencies, and insurance companies—that they’re dealing with the right person
In legal terms, this is often called a grant of probate, Certificate of Appointment of Estate Trustee, or grant of administration, depending on the province.
When does probate begin?
The probate process starts when the executor named in the will applies for a grant of probate from the relevant provincial or territorial court.
If there is no will, the court will appoint an administrator to act on behalf of the estate.
In most provinces and territories, this is done through a formal application
In Quebec, if there’s no will, the heirs take on this role instead of a court-appointed administrator
When is probate required?
Probate is typically required when:
The estate includes real estate not held jointly
A financial institution requests it before releasing funds or closing accounts
The estate contains significant financial assets
The will is contested, outdated, or unclear
The deceased owned assets without named beneficiaries
In general, probate is required unless the estate is very small or very simple—such as when there are only joint assets and designated beneficiaries.
When is probate not required?
Probate may not be necessary if:
All assets are jointly owned with right of survivorship
All accounts or policies have named beneficiaries
The estate is small and institutions are willing to release funds informally
There is no real estate involved
Some estates can be managed informally, especially if they involve lower-value assets or trusted family arrangements. However, probate is still common in most cases.
Does every province handle probate the same way?
No - each province and territory has its own probate process, terminology, and fees. For example:
In Ontario, it’s called a Certificate of Appointment of Estate Trustee
In British Columbia, it’s handled through the Supreme Court of BC
Probate fees vary significantly and may be calculated based on estate value
In Quebec, the rules for probate are unique:
Probate is not required if you have a notarial will, which is created and signed in front of a notary and witnesses. This is the most common type of will in Quebec.
If you have a holographic (handwritten) will or a witnessed will (such as those created with Willful), probate will be required before the executor can act.
Notarial wills are not available through Willful, but your Willful will is still valid in Quebec—it just requires probate after death.
How does probate affect estate settlement?
Probate can:
Add time to the process (several weeks or months, depending on court timelines)
Involve filing fees or taxes
Make the will part of the public record
This is why many people prefer to keep detailed financial information out of the will. Instead, you can create a separate asset list, which can be updated anytime and is not made public during probate.
Can Willful help with probate?
Willful does not file probate applications, but it can help streamline the process by ensuring your executor has:
A valid, properly signed will
A clear asset list
Easy access to your wishes and estate plan details
Being organized in advance can make probate much easier for your executor to manage.