Ontario Probate for Non-Resident Executors

The process requires extra steps, but non-resident executors (or estate trustees) can sometimes obtain probate for Ontario estates.

When non-resident executors need to access estate assets within Ontario, they will almost always require a form of probate. Ontario banks and other institutions typically do not recognize the authority of a foreign grant of probate, and Ontario probate will likely be required. There are several potential probate options for a foreign executor and an experienced probate lawyer will find the most efficient solution.

Obtaining Probate for the First Time

Basic Ontario Probate for Non-Residents

When applying for probate for the first time, whether with or without a Will, a non-resident executor or proposed executor will file for a Certificate of Appointment of Estate Trustee in Ontario. Sometimes, even for foreign executors, a traditional probate application is the best solution.

Click here to learn more about traditional probate in Ontario.

Obtaining Probate for the Second Time for Non-Residents of Ontario

Probate Already Granted in a Commonwealth Jurisdiction – With or Without a Will

Formally, this is called “Confirmation by Resealing of Appointment of Estate Trustee with or without a Will”, also known as resealing.

This form is required when a non-resident executor is appointed by a Court outside of Ontario by:

1. a province or territory other than Ontario; or
2. a Commonwealth country, including New Zealand, Australia, United Kingdom, and others.

Once granted, resealing certifies the probate obtained in another Commonwealth jurisdiction as valid in Ontario.

Probate Already Granted in a Non-Commonwealth Jurisdiction – With a Will (Ancillary Probate)

This is called an “Ancillary Appointment of Estate Trustee with a Will.”

If a Will exists and a non-resident executor in any non-Commonwealth jurisdiction is appointed, an ancillary appointment is needed. Once granted, this gives the effect of probate in Ontario.

This most commonly occurs with appointed executors from the United States or Europe who must deal with Ontario assets.

Probate Already Granted in a Non-Commonwealth Jurisdiction - Without a Will

Formally, this is called a “Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will.”

This form is required when there is no Will, assets in Ontario exist, and the deceased resided in a non-Commonwealth jurisdiction. Essentially, it is an ancillary appointment, but where no Will exists.

Once granted, the nominee is appointed as executor and is then authorized to handle the assets in Ontario. The nominee must be an Ontario resident.

Work with Katzman Estate Law for your Non-Resident Executor Probate Application

Timeline:

• After we are retained, it typically takes us a month or less to apply for probate. 
• We may need cooperation and signatures from the beneficiaries of the estate, which may cause a delay if cooperation is withheld.  If a Will needs to be translated, this will also extend the timeline. 
• The slowest part of the process is the Court’s processing time. It can take months depending on the courthouse. 

Katzman Estate Law: 

• We only practice estate law; we do not dabble in other areas.
• We represent both individuals and trust companies. 
• Simply applying for probate is not enough. We also offer advice to avoid costly mistakes. 
• We have offices in Toronto, Windsor, Chatham, and Sarnia, though in-person meetings are typically unnecessary. 
• Our lawyers also act as professional executors and have specific insurance to do so.  This may be the best solution when beneficiaries reside outside of Ontario, but a deceased person’s asserts are primarily located in Ontario.  

Why call Katzman Estate Law?

• We focus only on estate law and are capable of handling complicated estate administration, probate services, and estate disputes in need of litigation.
• We offer initial consultations at no cost and present a plan to you before you are asked for a retainer. 

What is the first step?

Call 416-616-4242 or 519-256-7130 for a conversation with a Katzman Estate Law lawyer.  We provide free phone consultations and can assist anyone with an Ontario probate matter. We keep our clients informed about their status in the probate process, what the next step is, and what their duties are. Before committing to a retainer, we invite potential clients to call, test our expertise, and feel comfortable with us. We want our clients to see first-hand what sets us apart.