Mississauga · Probate & estates

Probate help for Mississauga estates

A Mississauga estate is filed in Brampton, not in Mississauga or Toronto. We prepare the application to the Peel Region court, work out the estate administration tax, and help the estate trustee with the home, including one with a registered second unit and a tenant.

Peel Region

A Mississauga probate application goes to Brampton

Probate is filed where the person lived at death. Mississauga is in Peel Region, and Peel’s Superior Court of Justice sits in Brampton.

The application goes to the Brampton courthouse at 7755 Hurontario Street, the A. Grenville and William Davis Courthouse, which serves Mississauga, Brampton and Caledon. Ontario accepts probate applications by email with the court’s information form, so the application, affidavits and consents are filed electronically. The original will, attached to the witness’s affidavit, any bond, and the estate administration tax payment must still reach the court office on paper, in person, by mail or by courier. We handle the filing and delivery, and answer any questions from the Brampton court office.

Which court is not about the property

A Mississauga resident with a condo in Toronto is still filed in Brampton, and a Toronto resident who owned a Mississauga rental is filed in Toronto. Property outside Peel is still part of the estate’s value.

Before you apply

Check whether probate is needed. A home owned by spouses as joint tenants passes to the survivor through a survivorship application, without probate, and registered plans with a named beneficiary pass directly. Our main probate and estate administration page explains when a certificate is needed, estates without a will, the estate trustee’s duties and the typical timeline. If the assets passing through the estate come to $150,000 or less, the simpler Small Estate Certificate may be available.

Second units

When the estate home has a second unit and a tenant

Some Mississauga houses have a basement or second unit that is rented out. When the owner dies, the estate trustee inherits the landlord’s role along with the house.

Is the unit registered?

The City of Mississauga requires every second unit to meet the Building Code, Fire Code and zoning by-law and to be registered with the City. Registered units appear on the City’s public Second Units Registry List, so the estate trustee can check it, and a buyer’s lawyer may too. An unregistered unit doesn’t stop the estate selling the house, but it can affect the price, the buyer’s financing and what the agreement says about the unit.

The tenant

  • The tenancy continues. The owner’s death doesn’t end it. Tell the tenant in writing who the estate trustee is and where to pay the rent, and deposit it into the estate account.
  • The landlord’s obligations continue too: repairs, heat, proper notice before entering, and the rules on rent increases.
  • Insurance: tell the insurer about the death and confirm the policy still covers a rented unit and a vacant main floor.

Selling with a tenant in the house

A buyer takes the house subject to the tenancy unless it is ended properly. For a building with three or fewer units, the landlord can give notice at a buyer’s request where the buyer or their family will move in, but the Landlord and Tenant Board rules on notice and compensation are strict and were updated on September 21, 2026. Decide how the tenancy will be handled before accepting an offer. We act on the sale for the estate, and for a dispute with the tenant we can review the situation and refer you.

Why Wannes Law

A Toronto law firm that keeps you informed

  • A licensed Ontario lawyer

    Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.

  • Fees before you commit

    Instant online quotes and published flat fees, so you know the cost before you retain us.

  • Every step explained

    Plain-language explanations of what happens, what you provide and what we handle, at every stage.

  • Direct access

    Reach your lawyer and law clerk directly by phone and email while your matter is underway.

  • Sign in person or remotely

    Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.

  • English, Armenian and Arabic

    Talk through your matter in the language you are most comfortable with.

Worked examples

Estate administration tax on three Mississauga estates

Ontario’s tax is the same everywhere in the province. What changes from estate to estate is what is counted.

Under Ontario’s estate administration tax rules (as of 2026), nothing is payable on the first $50,000 and $15 is payable on each $1,000, or part of $1,000, above it. A mortgage registered on Ontario real estate is deducted from that property’s value; other debts are not.

Three illustrative estates
Estate Value counted Tax
A condo in the deceased’s sole name, worth $780,000, no mortgage; $45,000 in the bank $825,000 $11,625
A semi-detached house with a registered second unit, worth $1,150,000, with a $420,000 registered mortgage; a RRIF naming the estate, $95,000; a car, $18,000 $843,000 $11,895
A house owned jointly with the surviving spouse (not counted); $149,000 in an account in the deceased’s sole name $149,000 $1,485

What the examples show

  • The mortgage matters. The semi-detached house is worth far more than the condo, but after the registered mortgage its estate comes out at almost the same value.
  • Beneficiary designations matter. The RRIF counts because it names the estate. Had it named a child or the spouse, it would have passed outside the estate, and the tax would have been $1,425 lower.
  • The small estate route. The third estate is under $150,000, so a Small Estate Certificate can be used, with a shorter application.

The tax is paid when the application is filed, and within 180 days of the certificate the estate trustee files an estate information return with the Ministry of Finance listing each asset. If the house will be sold, our Mississauga real estate page covers the local side.

Questions

Mississauga probate questions

Where is probate filed for someone who lived in Mississauga?

With the Superior Court of Justice for Peel Region at the Brampton courthouse, 7755 Hurontario Street. The application can be emailed; the original will, any bond and the tax payment are delivered on paper.

Do I have to go to Brampton?

Usually not. Uncontested applications are dealt with on the documents, and we file electronically and deliver the originals. Court appearances arise only if there is an objection or a dispute.

How do I check whether the second unit in my late father’s house is registered?

The City of Mississauga publishes a Second Units Registry List of registered units, updated monthly. If the unit isn’t on it, look for building permits and any City correspondence among his papers.

Can the estate sell a Mississauga house with a tenant in it?

Yes. The buyer takes the house subject to the tenancy unless it is ended in accordance with the Residential Tenancies Act. Settle how that will work before accepting an offer.

How much is probate on a Mississauga condo?

Ontario’s estate administration tax is nothing on the first $50,000 and $15 per $1,000 above it (as of 2026). A $780,000 condo with no mortgage plus $45,000 in the bank pays $11,625. Our legal fee is quoted individually.

Can we work with you without visiting our office?

Yes. Our office is at 3319 Sheppard Ave E, Toronto, but most estate work can be done by phone, email and video, with documents signed on paper and couriered.

Areas We Serve

Probate help in Peel and across the GTA

We also act on Brampton estates, filed at the same courthouse, and on estates across Toronto, York and Durham. Planning ahead? See our Mississauga wills page.

Here to help

A Peel estate, handled from start to finish.

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