Getting Started With Probate
Essentially, probate means obtaining a court certificate that allows one or more executors to prove they are in charge of an estate. An executor will usually need probate to access a deceased person's bank accounts and to sell real property like a house or a cottage.
In most cases, an executor will require probate to administer an estate, which can be a time consuming and difficult process. Most probate applications are filed with the assistance of lawyers, for good reason. Working with an experienced probate lawyer will expedite the application process, reduce the likelihood of the court rejecting the application, and help prevent errors in the probate application that could cause an executor significant problems later. An estate can deteriorate while an executor waits for probate, so time is of the essence.
An executor never has to use the lawyer who wrote a Will or who is in possession of a Will for probate. A fresh set of eyes on a Will can sometimes be valuable, in particular when a term may be vague or ambiguous or when a difficult administration is expected. Since the probate lawyer will work closely with the executor, it is important for executors to choose a lawyer they are comfortable with.
When administering an estate without a will, a probate lawyer can provide additional guidance with respect to the probate process, including an individuals’ eligibility to be an executor.
An executor has a serious legal responsibility to secure estate assets, pay debts, and then distribute the remaining estate funds (residue). Executors can also face personal liability if they make a mistake. A probate lawyer can provide clear advice and help executors avoid costly errors while fulfilling their duties effectively. An executor’s reasonable legal fees are typically paid directly from estate funds.
A Practice Dedicated to Estates in Ontario
At Katzman Estate Law, we have extensive experience with Wills, estates, and probate (Applications for a Certificate of Appointment of Estate Trustees). As we often handle complex estates and difficult estate dispute matters, we know how to avoid estate administration pitfalls. While past results are not necessarily indicative of future results, the cases that we have handled below showcase our experience as estate practitioners. Each case has been posted with the express permission of our clients:
1. 2026 ONSC 3174: counter-offer, offer to resolve a claim, revocation of offer
2. 2026 ONSC 2214: executor conduct and violence, executor removal
3. 2026 ONSC 1552: access to legal files, attempted validation of a Will
4. 2026 ONSC 58: no threshold absent a Will challenge
5. 2025 ONSC 6060: passings of accounts, attorney for property compensation, trial
6. 2025 ONSC 4633: conditional right to occupy property, executor removal
7. CV-25-00034935-0000: required financial disclosure for dependent claimant
8. CV-24-00721383-00ES: occupation rent, adjournment refused, costs of executors
9. 2024 ONSC 378: further ruling to 2023 ONSC 4526 below, costs, passing of accounts, repayment to estate
10. 2023 ONSC 2367: executor removal, vacant possession of a farm, fiduciary duties
11. 2023 ONSC 6794: dependent support, child support, orders vs agreements surviving death
12. 2023 ONSC 4526: compelled passing of accounts, trustee compensation, breach of executor's duties
13. 2022 ONSC 3064: executor removal, authority to mortgage estate property, Will interpretation
14. 2022 ONSC 5484: Will challenge, application to action conversion, credibility assessment
Where to Start


Intestacy
Avoid Litigation


Multiple Wills
Successor Transitions

Work With Us
Call 416-616-4242 or 519-256-7130 for a conversation with a Katzman Estate Law lawyer. We provide free initial phone consultations and can assist anyone with an Ontario probate matter. We keep our clients informed with respect to where they are in the probate process, what the next step is, and what their obligations are. Before committing to a retainer, we want potential clients to call, test our knowledge, and feel comfortable with us. We want our clients to see first-hand what makes us different.