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What are Ontario's new simplified probate rules?
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Nov 16, 2021 · The province recently announced changes to the probate, or estate administration process, scheduled to come into effect January 1, 2022. In addition, changes came into effect earlier in the year which amended the process for probating a “small estate”.
- A “Small Estate” Is Set at $150,000
- Simplified Probate Process For Small Estates
- Easing The Bond Requirement For Small Estates
- Before Choosing The Probate Procedure For Small Estates
A “small estate” will mean an estate that does not exceed $150,000 in value. It should be noted that the introduction of small estates will have no impact on the calculation of the Estate Administration Tax (often called, “probate fees”) under the Estate Administration Tax Actand the filing requirement of an Estate Information Return within 180 day...
A new probate proceeding for small estates will be available to Estate Trustees. The new procedures under the Rule 74.1will include a new simpler application form, removing requirements for certain supporting documents to be filed, and giving guidance to applicants on filing of small estate probate applications. Under this process, the court will i...
The filing of a bond will not be required for small estates if there is no minor or incapable beneficiary. A bond is intended to protect the interests of creditors and beneficiaries of an estate and guard against Estate Trustee’s mismanagement of the estate. Under the current Estates Act, the filing of a bond is required under many circumstances. W...
It should be noted that the new probate process for small estates will be optional and the existing probate proceeding will remain available to estates valued under $150,000. As a Small Estate Certificate will list the estate assets to be administered thereunder, it is critical for Estate Trustees to properly investigate and determine assets and li...
The amendments to SLRA sections 15(a), 16, 17 and new section 43.1 will come into force on January 1, 2022. Contact the Estate Lawyers at Derfel Estate Law for Advice on Probate Matters. While these changes are intended to simplify the estate process in Ontario, they represent a significant overhaul of estate law processes.
Mar 2, 2021 · The Ontario Government has recently introduced a simplified probate procedure for estates valued up to $150,000, which will come into effect on April 1, 2021.
Jan 4, 2017 · This new process, which comes into effect on January 1, 2022, streamlines the process of obtaining a Certificate of Appointment of Estate Trustee by revoking Rule 74.04 and Rule 74.05, and providing one set of requirements for applications with or without a will.
May 11, 2021 · Ontario’s new procedure for small estates, which came into effect on April 1, involves a simpler application form and removes the requirement for certain supporting documents.
Mar 11, 2021 · Ontario has introduced legislation setting out new simplified probate rules for small estates. The changes will come into effect on April 1, 2021. Currently, the process to apply to manage an estate in Ontario is the same for all sizes of estates, whether the estate is worth $10,000 or $10,000,000. As a result, the sometimes complex, time ...