First question
Does an Ajax estate need probate?
Probate is only needed for assets that pass through the estate and that someone won’t release without the court’s certificate. How each asset was held decides it.
Take a typical case: a couple owns their Ajax house as joint tenants, has a joint chequing account, and each has named the other on their RRSP. When one of them dies, all of those pass straight to the survivor. The house needs a survivorship application registered on title with the death certificate, and the bank and the RRSP issuer need their own paperwork, but nothing goes to court. There is no estate administration tax on assets that pass this way.
When probate usually is needed
- The house was in the deceased’s name alone, or held as tenants in common, and has to be sold or transferred.
- A bank or investment firm holds more in the deceased’s sole name than it will release on the will alone. Each institution sets its own limit.
- There is no will, so no one yet has authority to act.
The Small Estate Certificate
Where a certificate is needed but the assets passing through the estate are worth $150,000 or less, Ontario’s small estate process uses a shorter application. For example, if the Ajax house and the RRSP pass to a surviving spouse and only a $118,500 savings account in the deceased’s sole name remains, the estate administration tax is $15 for each $1,000, or part of $1,000, above $50,000 (as of 2026): the $68,500 counts as 69 thousands, so the tax is $1,035.
Our main probate and estate administration page explains the rest of the process, including estates without a will and the estate trustee’s duties.
Joint with a child
When a parent put an adult child on the title or the account
Some parents add a son or daughter to a bank account, or even to the house, to make things easier later. It often does the opposite.
Where a parent added an adult child to an account or a property without being paid for it, the law generally presumes the child holds it for the parent’s estate, unless there is evidence the parent meant it as a gift of the survivorship right. That presumption decides whether the asset belongs to the child alone or is shared with the other beneficiaries under the will, and whether it counts for estate administration tax.
What we look at
- The paperwork: the bank’s account-opening documents, any letter or note from the parent, and whether the will mentions the account.
- How it was used: who deposited, who withdrew, who paid the bills and who reported the interest for tax.
- The house: whether the child was put on title as a joint tenant, and why. Adding a child to title can also have tax consequences for the parent and child during the parent’s lifetime.
Why it matters to the estate trustee
If the joint asset really belongs to the estate, the estate trustee has to collect it and include it in the estate information return filed with the Ministry of Finance within 180 days of the certificate. If brothers and sisters see it differently, it is far better to talk it through with the documents in front of everyone than to distribute first and argue later. Where a disagreement can’t be settled, we tell you early whether you need an estate litigator.
If you are the parent and still planning, our Ajax wills page explains how to make your intentions clear, in the will and in a note to the bank.
Why Wannes Law
A Toronto law firm that keeps you informed
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A licensed Ontario lawyer
Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.
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Fees before you commit
Instant online quotes and published flat fees, so you know the cost before you retain us.
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Every step explained
Plain-language explanations of what happens, what you provide and what we handle, at every stage.
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Direct access
Reach your lawyer and law clerk directly by phone and email while your matter is underway.
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Sign in person or remotely
Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.
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English, Armenian and Arabic
Talk through your matter in the language you are most comfortable with.
Filing in Durham
What goes where when you apply from Ajax
Ajax estates are filed with the Superior Court of Justice for Durham Region at the Oshawa courthouse, 150 Bond Street East. Most of it is done by email; a few documents still travel on paper.
By email
- The application for a Certificate of Appointment or a Small Estate Certificate
- The affidavits, consents, renunciations and proof of service on beneficiaries
- The court’s information form, which Ontario requires with any emailed probate application
- The draft certificate
On paper, to the court office
- The original will and any codicils, attached as exhibits to the witness’s affidavit
- The estate administration tax payment
- An administration bond, where one is required, for example in most estates without a will
- These go in person, by mail or by courier under the court’s electronic filing directions
After the certificate
- Estate information return to the Ministry of Finance within 180 days
- Sell or transfer the Ajax home; we act on the sale for the estate, fee by price in the quote
- File the final tax return and obtain the CRA clearance certificate
- Allow the six-month claim periods, prepare accounts, then distribute against releases
We prepare and file everything, and deal with any questions from the Oshawa court office. Selling the home? Our Ajax real estate page covers the local side.
Questions
Ajax probate questions
Where is probate filed for someone who lived in Ajax?
With the Superior Court of Justice for Durham Region, at 150 Bond Street East in Oshawa. The application is emailed; the original will and the tax payment are delivered on paper.
My husband and I owned our Ajax house jointly. Do I need probate?
Usually not for the house. As the surviving joint tenant you register a survivorship application with the death certificate. You may still need probate for anything he held in his sole name that the bank won’t release without it.
Mum added me to her bank account. Is the money mine now?
Not necessarily. Where a parent adds an adult child without payment, the law presumes the child holds it for the estate unless there is evidence she meant it as a gift. Look at what the bank documents and her other records show before treating it as yours.
What is the estate administration tax on a small Ajax estate?
Nothing on the first $50,000, then $15 for each $1,000 or part of $1,000 (as of 2026). A $118,500 estate pays $1,035. Estates of $150,000 or less can use the Small Estate Certificate.
How long does it take?
The court’s processing time varies and no one can promise a date. After the certificate, the six-month claim periods and the CRA clearance certificate mean even a simple estate often takes around a year to finish.
Do you charge a flat fee for probate?
No. Probate and estate administration are quoted individually once we understand the estate. The estate administration tax is a separate government charge.
Areas We Serve
Probate help in Durham and across the GTA
We act on estates from Pickering, Ajax, Whitby and Oshawa, all filed in Oshawa, and across Toronto, York and Peel.
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Scarborough
Probate & estates for Scarborough clients. Our office is on Sheppard Ave E.
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North York
Probate & estates for North York clients.
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Markham
Probate & estates for Markham clients.
Here to help
Not sure the estate needs probate? Ask first.
Book a free 15-minute call, or answer the estate questions for a quote.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic