Introduction
Probate is one of the most misunderstood parts of estate administration. Families often ask: “Do all wills need probate?” The short answer is no — some wills can bypass probate, depending on the estate and provincial rules. This article breaks down when probate is required, when it isn’t, and how the Canadian Will Registry helps.
When Probate Is Required
- Large estates with real estate, multiple accounts.
- Financial institutions demanding legal proof.
- Contested wills or family disputes.
- Executors needing official court authority.
When Probate May Not Be Required
- Small estates where assets are easily released.
- Jointly owned property with survivorship rights.
- Beneficiary-designated accounts (life insurance, RRSPs).
- Quebec notarial wills (often probate-exempt).
Why Families Struggle
- No clear definition of “small estate” across provinces.
- Each bank or institution sets its own requirements.
- Families often waste time not knowing if probate is needed.
How the Canadian Will Registry Helps
- Ensures wills are located quickly.
- Supports executors deciding whether probate is necessary.
- Provides future notifications if wills are later added.
FAQ Block
Conclusion
Not all wills need probate, but knowing whether probate applies starts with finding the will itself. The Canadian Will Registry makes this process secure and reliable.