York Region
Where a Richmond Hill estate is filed
The application goes to the Superior Court of Justice where the person lived at death. For Richmond Hill, from Oak Ridges to Bayview Hill, that is the York Region court in Newmarket.
The courthouse is at 50 Eagle Street West, Newmarket. Ontario lets you file the probate application by email, which matters when the people signing are not all in Ontario: the affidavits and consents can be signed where each person is and sent to us, and we file the complete application. Under the court’s electronic filing directions, the original will, any bond and the estate administration tax payment still go to the Newmarket court office on paper, and we arrange that.
The court is chosen by where the person lived, not where the family is. A Richmond Hill resident whose children all live abroad is still a York Region estate, and the estate trustee still has to deal with the Ontario court, Ontario’s Ministry of Finance and the Canada Revenue Agency, even from overseas.
This page focuses on the international side, which is where an estate most often needs extra care. For the general process, including when probate isn’t needed, estates without a will and the trustee’s duties, see our main probate and estate administration page.
Estate trustee abroad
When the estate trustee lives outside Canada
Someone living abroad can act as estate trustee of an Ontario estate. It is allowed, but it adds cost and steps, and sometimes it is better for them to step aside.
The bond
Ontario’s guidance says a bond is required where the applicant isn’t resident in Ontario, in another Canadian province or territory, or in a Commonwealth country, generally for double the value of the estate unless a judge orders otherwise. So an estate trustee living in the UK, India or Australia usually won’t need one on that ground, while one living in the United States generally will. A bond from an insurer has a premium and its own approval process; the court can be asked to reduce or dispense with it in the right case.
The practical work
Much of an estate trustee’s job is local: securing and selling the house, dealing with banks that may want to see the estate trustee in person, and meeting deadlines such as the estate information return, due to the Ministry of Finance within 180 days of the certificate. An estate trustee abroad needs someone reliable on the ground, and needs to accept that they remain personally responsible for what that person does.
Tax
Where the estate trustee lives can affect where the estate itself is treated as resident for tax purposes. Before an estate trustee abroad takes on the role, the estate’s accountant should look at that question.
Alternatives
- If the will names a co-estate trustee or an alternate in Ontario, the one abroad can renounce, or stay on and let the local one handle day-to-day matters.
- If not, the named estate trustee can renounce and a family member in Ontario can apply instead, with the consents the rules require.
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.
Beneficiaries abroad
Dealing with beneficiaries in other countries
Beneficiaries abroad have the same rights as those in Richmond Hill. The difference is time, distance and tax.
Keeping them informed
- Beneficiaries must be served with notice of the probate application, wherever they live
- Send a written summary of assets, debts and expected timing at the same time; it heads off most misunderstandings
- Use email and video for updates, and keep a record of what was sent
- We work in English, Armenian and Arabic, which helps where relatives abroad are more comfortable in Armenian or Arabic
Documents they sign
- Consents, renunciations and releases must be signed and, for affidavits, sworn before someone the Ontario court will accept where they live
- We prepare the documents with instructions for the signing, so they aren’t rejected for form
- Originals come back by courier; allow time for it
- A beneficiary who is a minor or lacks capacity needs special handling, and may mean a bond is required
Paying them
- Distribute only after the CRA clearance certificate, or hold back enough to cover tax until it arrives
- Ask the estate’s accountant whether any tax must be withheld on payments to non-resident beneficiaries
- Confirm bank details directly with the beneficiary, never only by email
- Beneficiaries may owe tax where they live; they should get their own advice
The house
The Richmond Hill home: tax, second suites and the sale
Where the estate owns the family home, the house is usually most of its value, so it drives both the estate administration tax and the timetable.
A worked example
A widowed mother’s Richmond Hill house is in her sole name, worth $1,600,000 with no mortgage, and she has $300,000 in non-registered investments. Under Ontario’s estate administration tax rules (as of 2026), nothing is payable on the first $50,000 and $15 on each $1,000 above that: 1,850 × $15 = $27,750, paid when the application is filed. If the investments had been in an RRSP naming her children, they would not be counted and the tax would be $23,250.
A basement suite
Richmond Hill permits additional residential units subject to its zoning rules and a building permit. If the house has a basement apartment, look for the permit and the final inspection. A buyer’s lawyer is likely to ask, and a unit built without one can affect the price and the buyer’s financing. If a tenant lives there, the tenancy continues after the death and the rent is paid to the estate.
Selling
The estate trustee normally needs the certificate before the sale can close, so set the closing date with the Newmarket court’s timing in mind. The buyer pays Ontario’s land transfer tax; Richmond Hill has no municipal land transfer tax, and the estate pays none as seller. We act on the sale for the estate, including signing arrangements for an estate trustee abroad; our Richmond Hill real estate page covers the local market questions.
Questions
Richmond Hill probate questions
Where is probate filed for someone who lived in Richmond Hill?
With the Superior Court of Justice for York Region, at 50 Eagle Street West in Newmarket. The application can be emailed; the original will, any bond and the tax payment are delivered on paper.
Can my brother in the United States be the estate trustee?
Yes, but because he doesn’t live in Canada or a Commonwealth country, a bond will generally be required unless the court orders otherwise. He will also need help on the ground in Ontario, and the estate’s tax position should be checked.
Does an estate trustee living in the UK need a bond?
Not on the ground of residence alone, because the UK is a Commonwealth country. A bond can still be required for other reasons, for example where there is no will.
Can beneficiaries abroad sign documents without flying here?
Yes. They sign where they live, before a person the Ontario court accepts, and courier the originals. We send clear signing instructions so documents aren’t rejected.
How much is probate on a Richmond Hill estate?
Ontario’s estate administration tax is nothing on the first $50,000 and $15 per $1,000 above that (as of 2026): $27,750 on a $1,900,000 estate. Our legal fee is quoted individually.
Do you have an office in Richmond Hill?
No. Our office is at 3319 Sheppard Ave E, Suite 103, in Toronto. We work with Richmond Hill families and relatives abroad by phone, email and video.
Areas We Serve
Probate help in York Region and beyond
We also act on Markham and Vaughan estates filed in Newmarket, and on estates across Toronto, Durham and Peel. Still planning? See our Richmond Hill 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
Family in three countries? Start with one call.
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