The courthouse
Probate at 150 Bond Street East
The Superior Court of Justice for Durham Region sits in downtown Oshawa. Probate applications for anyone who lived in Oshawa, Whitby, Ajax, Pickering, Clarington or the rest of Durham go there.
The Oshawa courthouse is at 150 Bond Street East. Being in the same city doesn’t mean you have to go there: Ontario accepts probate applications by email, together with the court’s information form. What still has to arrive on paper is the original will (attached to the witness’s affidavit), any bond, and the estate administration tax payment. An Oshawa family can drop those at the court office themselves if they prefer; otherwise we courier them.
Getting the application right the first time
Returned applications are the main source of delay, and the usual reasons are avoidable: a missing affidavit of execution, an estate value that doesn’t match the supporting details, a beneficiary who wasn’t served, or the wrong form for the situation. We prepare the whole package, serve it on the beneficiaries, and deal with any questions from the court office.
Before any of that, check whether probate is needed. A home owned by spouses as joint tenants, and accounts with a named beneficiary, pass outside the estate. Our main probate and estate administration page explains when probate is needed, estates without a will, the timeline and the estate trustee’s duties in full.
Rental properties
When the estate owns a rental near Durham College or Ontario Tech
Some Oshawa owners rent out a house or units near the north-end campuses. When the owner dies, the tenants stay, the licence still matters, and the estate trustee becomes the landlord.
The licence
Under the City of Oshawa’s Residential Rental Housing Licensing program, rental properties in the area around Durham College and Ontario Tech University must be licensed, with inspections for property standards and fire safety. The City issues different classes of licence for individually owned units and for buildings of three or more units under one owner. The City’s page doesn’t say what happens to a licence when the owner dies, so the estate trustee should contact Service Oshawa early, confirm the property’s licence status and ask what the City needs from the estate.
Running it while the estate is open
- Rent: tenants pay the estate from now on. Give them written notice of where to pay, and deposit everything into the estate account.
- Leases: the tenancies continue on their existing terms. The estate trustee has the landlord’s obligations, including repairs and access notice.
- Insurance: tell the insurer the owner has died and confirm the landlord’s policy remains in force.
- Records: keep income and expenses separately from the deceased’s home, because they are reported differently for tax.
Selling or keeping it
A buyer usually takes the property with the tenants in place. Whether a tenant can be asked to leave depends on the size of the building and the rules of the Residential Tenancies Act, some of which changed on September 21, 2026. We act on the sale for the estate, and our Oshawa real estate page covers rental purchases and sales locally. For a tenancy dispute, we can review the situation and refer you.
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.
Tax
Income tax on an estate rental property
The family home and a rental property are taxed very differently on death. The estate trustee is personally responsible for getting this right before paying out.
On the final return
- The deceased is treated as having sold all their property just before death, at fair market value
- The principal residence exemption can shelter some or all of the gain on the home they lived in, but not on a separate rental property
- According to the CRA, the deemed sale of a rental property can also trigger recapture of capital cost allowance claimed in earlier years
- Property left to a surviving spouse can usually pass without that tax until the spouse sells it
While the estate holds it
- Rent received after the death is income of the estate, not of the deceased
- The estate may need its own trust returns for each year it earns income
- A rise in value after the death, up to the estate’s sale, is taxed in the estate
- Keep the date-of-death appraisal: it is the starting point for both tax and the estate information return
Before distributing
- File all returns and wait for the assessments
- Apply for a clearance certificate; without one, the estate trustee can be personally liable for unpaid tax up to the value distributed
- Hold back enough to cover the tax until the certificate arrives
- Work with an accountant who prepares estate returns; we coordinate with them
A worked example
Estate administration tax on an Oshawa estate with a rental
The rental property counts toward estate administration tax, less any mortgage registered on it. Unsecured debts don’t reduce the figure.
A widowed Oshawa homeowner dies with a will. In her sole name: her home, worth $720,000 with no mortgage; a rental house near Ontario Tech worth $560,000 with a $300,000 registered mortgage; and $40,000 in the bank. She also owed $18,000 on a line of credit that wasn’t registered against either property.
| Asset | Counted |
|---|---|
| Home, no mortgage | $720,000 |
| Rental house, less the $300,000 registered mortgage | $260,000 |
| Bank account | $40,000 |
| Unsecured line of credit | not deducted |
| Total | $1,020,000 |
Under Ontario’s estate administration tax rules (as of 2026), the tax is nothing on the first $50,000 and $15 per $1,000 above it: 970 × $15 = $14,550, paid when the application is filed.
That tax is separate from the income tax on the final return, which here would include any gain on the rental house and any recapture, but likely little or nothing on her home. The estate information return, listing each asset and its value, goes to the Ministry of Finance within 180 days of the certificate being issued.
Questions
Oshawa probate questions
Where is probate filed for someone who lived in Oshawa?
At the Superior Court of Justice, 150 Bond Street East, Oshawa, which serves all of Durham Region. The application can be emailed; the original will, any bond and the tax payment are delivered on paper.
Can I drop the original will off at the courthouse myself?
Yes, originals can be filed in person, by mail or by courier. Or we can prepare the package and deliver it, so that it matches the emailed application exactly.
The estate owns a licensed rental near Ontario Tech. What do I do about the licence?
Contact the City of Oshawa to confirm the licence status and what it needs from the estate. Keep the property in good repair and insured, and keep collecting rent for the estate.
Do the tenants have to leave when the owner dies?
No. Their tenancies continue, and the estate trustee takes over the landlord’s obligations. Ending a tenancy, including for a sale, follows the Residential Tenancies Act.
Is a rental property taxed differently from the family home on death?
Yes. The principal residence exemption doesn’t cover a separate rental property, so the gain since it was bought, and any recapture of capital cost allowance, is usually reported on the final return.
How much do you charge for probate?
Probate and estate administration are quoted individually once we understand the estate. Estate administration tax is a separate government charge.
Areas We Serve
Probate help in Durham and across the GTA
Every Durham estate is filed in Oshawa; we also act on estates filed in Toronto, Newmarket and Brampton. Planning ahead? See our Oshawa wills page.
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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
An estate with tenants needs a plan in the first weeks.
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