What Is Probate and Why Is It Required in Canada?

Introduction

If you’re dealing with a will in Canada, you’ll quickly hear the word probate. But what does it actually mean? Probate is the legal process of confirming a will’s validity and giving the executor authority to act. This guide explains what probate is, when it’s required, and how the Canadian Will Registry fits in.

What Is Probate?

Probate = court process confirming will’s validity.
Grants executor legal power to act.
Required before banks, land registries, and institutions release assets.

When Is Probate Required?

Large estates (banks often require it).
Property transfers (real estate).
Contested wills (disputes).
Some provinces → probate is almost always required.

Common Probate Misconceptions

“All wills need probate” → false.
“Probate happens automatically” → false.
“Probate means government takes a share” → partially true (estate fees).

The Canadian Will Registry’s Role

Helps executors locate wills faster.
Provides lawyers with obituary alerts → streamlines probate prep.
Prevents lost wills that delay probate.

Find a Will Before Starting Probate

FAQ Block

How long does probate take in Canada?

Probate can take weeks to months, depending on the estate and province. Delays often come from locating the will.

Do small estates need probate?

Some small estates may avoid probate if financial institutions accept the executor’s authority without court validation.

Conclusion

Probate is a necessary step in many Canadian estates, but it doesn’t need to be overwhelming. The Canadian Will Registry makes it easier for families and lawyers by ensuring wills are located quickly and securely.