LAWCRESTProbate lawyer in Mississauga
When a loved one passes away, the legal steps that follow can feel overwhelming. Lawcrest guides executors and families across Mississauga and the GTA through probate and estate administration with compassion, clear advice and careful attention to every detail.
Grieving is hard enough. We guide you through each legal step, so you can focus on your family and know that the estate is being handled properly.
416-830-3369What is probate?
In Ontario, probate is the court process that confirms the authority of the person named in a will to manage the estate. The court issues a Certificate of Appointment of Estate Trustee, which banks, land registries and other institutions often require before they will release or transfer assets.
If there is no will, a similar certificate is issued to the person who applies to administer the estate.
We prepare the court application, deal with the tax and filing requirements, and guide the estate trustee through each step until the estate is closed.
- Executors (estate trustees)Named in a will and now responsible for the estate.
- Family membersApplying to administer an estate where there is no will.
- BeneficiariesWho want to understand the process and their rights.
Is probate always needed?
Not always. Whether you need a certificate depends on what the person owned and how it was owned.
- Often neededReal estate in the deceased sole name, and larger bank or investment accounts.
- Sometimes not neededAssets that are jointly owned with a right of survivorship, or that name a beneficiary, such as some insurance and registered plans.
- Institutions decideBanks and others set their own rules about when they require a certificate.
- We tell youAfter reviewing the assets, we explain whether probate is needed in your case.
Situations we help with
If your situation is not listed, call us. We will tell you plainly how we can help.
Probate with a will
Applying for a certificate when the person left a valid will naming an estate trustee.
Estates without a will
Applying to administer an estate where the person died without a will.
Smaller estates
Working out what is required, and avoiding unnecessary steps and costs.
Real estate in the estate
Transferring or selling a home or other property that belonged to the person who died.
Estate tax and clearance
Final tax returns and the clearance needed before assets are distributed.
Contested wills and disputes
Disagreements about a will, or claims by family members and dependants.
Passing of accounts
Preparing and presenting the accounts of the estate where needed.
Advice for executors
Ongoing guidance for the person administering the estate.
What to do first
In the first days, a few practical steps protect the estate and make everything easier later.
- Obtain death certificatesYou will need several certified copies for banks and other institutions.
- Find the original willCheck with the family, the lawyer who prepared it, and the deceased bank or home.
- Protect the propertySecure the home, keep insurance in place and look after pets, vehicles and valuables.
- Do not distribute anything yetAssets should not be given out until debts and taxes are dealt with.
- Gather recordsStatements, deeds, insurance policies and any debts you know about.
- Call usWe explain what is required, and in what order.
How we work with you
A clear process, with no surprises about where the estate stands.
Consultation
You tell us about the person who died and the estate. We listen, ask the right questions and explain the road ahead.
Gather and value assets
We help you identify and value the assets and debts, which determines what must be filed.
Prepare the application
We prepare the court application, affidavits and the required documents for the estate trustee to sign.
Obtain the certificate
We file the application and deal with any questions from the court until the certificate is issued.
Administer the estate
We guide you through paying debts and taxes, handling assets and keeping proper records.
Distribute and close
We prepare the distribution to the beneficiaries and complete the final steps to close the estate.
What an estate trustee must do
Being an executor is a serious legal responsibility, and a trustee can be personally liable for mistakes. We help you do the job properly.
- Locate and protect the assetsSecuring the property and keeping it insured and in good order.
- Pay debts, taxes and expensesBefore anything is given to the beneficiaries.
- Keep careful recordsOf everything received and paid out.
- Keep the beneficiaries informedAnd provide the notices and information the law requires.
- Distribute according to the willOr according to the law if there is no will.
- Account for what was doneIncluding a formal passing of accounts where required.
Understanding the costs
We explain the likely costs at the start, so the estate can plan and there are no surprises.
Legal feesDiscussed upfront
Our fees for the application, advice and the steps we handle. We explain them before you commit.
Estate Administration TaxPaid to the government
Ontario charges a tax based on the value of the estate assets covered by the certificate. We calculate the amount for you, and it is set by law.
Court and filing feesSet by the court
Fees for filing the application and other documents. These can change.
Bond premiumOnly in some cases
A guarantee bond may be required, for example where there is no will or a trustee lives outside Ontario.
Other professional costsAs needed
Appraisals, accountants and other advisors, depending on the estate.
Do not wait too long
There is generally no single deadline to apply for probate, but delay can cause real problems. Property may be left unprotected, institutions may freeze accounts, and sales can be held up.
Some steps do have time limits, such as filing an Estate Information Return after the certificate is issued and certain claims against the estate by dependants. We explain the deadlines that apply to your estate.
What to bring to your consultation
Do not worry if you do not have everything. Bring what you can, and we will tell you what else is useful.
- The original will, if there is one
- The death certificate
- A list of assets and debts, with approximate values
- Property deeds and real estate details
- Names and contact details of the beneficiaries
- Recent bank, investment and insurance statements
Why clients choose Lawcrest
You are trusting us during a difficult time. This is how we earn that trust.
Plain-language advice
No jargon. You understand each step and each choice before we act.
Cost clarity
We discuss our fees at the start so you can plan with full information.
Compassionate and discreet
We handle your family matter with care and respect.
Confidential
What you tell us is protected by solicitor-client privilege.
Responsive
Your questions get answers, and you hear from us as the estate moves.
Done correctly
Careful filings reduce delays and protect you as trustee.
Regulated lawyers
Lawcrest is a professional corporation regulated by the Law Society of Ontario.
Local and accessible
Meet us at our Matheson Blvd office in Mississauga, or arrange a call.
Frequently asked questions
Still not sure? Call 416-830-3369 and we will talk it through.
Is probate always required?
No. It depends on the assets and how they were owned. Real estate in one name and larger accounts often require a certificate, while jointly owned assets and those with named beneficiaries often do not. We review your situation.
How long does probate take?
It varies with the court and the complexity of the estate. Many applications take from several weeks to a few months. We keep you informed and move the file along.
What does probate cost?
The main costs are the Estate Administration Tax, which depends on the value of the estate, court fees and legal fees. We explain the amounts for your estate at the start.
Do I need a lawyer to probate an estate?
You are not required to use one, but the process involves strict forms, valuations and personal responsibility for the trustee. A lawyer can prevent errors and delays.
What if there is no will?
An application can be made to administer the estate, usually by a close family member. The law sets out who inherits, and a bond may be needed. We guide you through it.
Can a will be challenged?
In some cases, for example for lack of capacity, undue influence or improper signing, or by dependants with support claims. Time limits can be short, so get advice early.
What does an executor actually do?
They collect and protect the assets, pay debts and taxes, keep records, inform beneficiaries and distribute the estate according to the will. We help you with each step.
Is my information confidential?
Yes. Your communications with us are protected by solicitor-client privilege.
Testimonials
They made a complicated legal matter feel understandable. We always knew what was happening, why it mattered and what came next.
Carolean
Worker
We always knew what was happening, why it mattered and what came next. They made a complicated legal matter feel understandable.
Elena
Founder of a company
Lawcrest
@2026