What to Do When Someone Dies in Ontario, and Whether You Need Probate
When someone dies in Ontario, a process starts almost immediately, and most people have never seen it before. There is no reason you would…
The court
Where a Scarborough probate application goes
Probate is filed where the person lived when they died. Scarborough has been part of the City of Toronto since 1998, so its estates go to the Superior Court of Justice in Toronto, not to a courthouse in Scarborough.
The Toronto estates office is on the 9th floor of the courthouse at 330 University Avenue. Most families never need to go there. Ontario lets you file a probate application by email, with an information form, the application and the supporting affidavits. Two things still travel on paper: under the court’s electronic filing directions, the original will (attached to the witness’s affidavit) and the estate administration tax payment are delivered to the court office in person, by mail or by courier. We look after both.
An uncontested application is decided on the documents. If a family member objects to the will, or the beneficiaries later disagree about the accounts, the matter moves to the Superior Court’s Toronto Region Estates List, a group of judges who hear estate, trust and capacity cases. That is a litigation matter, and we would tell you early if your estate is heading that way.
This page covers what is particular to a Scarborough estate. For the full picture, including when probate isn’t needed at all, the forms, and the estate trustee’s duties, see our main probate and estate administration page.
How we help
What we do for Scarborough estate trustees
You can meet us on Sheppard Ave E, or keep it to phone and video and sign on paper. Every estate is quoted individually once we understand it.
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Probate application
Deciding whether probate is needed, then preparing, serving and filing the application for a Certificate of Appointment of Estate Trustee, with or without a will.
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Small Estate Certificate
The simpler route when what passes through the estate is worth $150,000 or less, for example where the house was held jointly with a surviving spouse.
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Estate administration
The estate information return, collecting assets, paying debts, the final tax returns, the clearance certificate, accounts and distribution.
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Selling the Scarborough home
Acting for the estate trustee on the sale once the certificate is in hand, with the closing timed around it.
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Transferring the home to a beneficiary
Where a son or daughter is keeping the house instead of selling it.
Quoted individually
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.
The empty house
Toronto’s Vacant Home Tax and a Scarborough estate home
A parent’s house often sits empty for months while probate is under way. In Toronto that creates a filing duty many estate trustees don’t hear about until a bill arrives.
Every residential property in the City of Toronto needs an occupancy declaration each year under the Vacant Home Tax program. If no one declares, the City treats the property as vacant and charges the tax, which is 3% of the property’s current value assessment (as of 2026). On a house assessed at $700,000, that is $21,000.
The death-of-owner exemption
The City has an exemption for a home left vacant because its owner died. As toronto.ca describes it, it can be claimed for up to three consecutive taxation years where the owner died in that year or in the two years before, and a copy of the death certificate is needed. It is not automatic: someone still has to make the declaration each year and claim it. We add it to the estate trustee’s checklist from the first meeting.
Other costs that keep running
- Property tax, utilities and any mortgage are paid from estate funds, not by one family member who is later hard to reimburse.
- Home insurance: tell the insurer the owner has died and the house is unoccupied. Many policies restrict coverage for a vacant home unless it is checked regularly.
- A tenant in the basement: the tenancy doesn’t end because the owner died, and the rent now belongs to the estate. Keep collecting it into the estate account.
Selling
Selling a Scarborough estate home
For most Scarborough estates the house is the largest asset, and selling it is where probate and real estate meet.
Timing the sale around the certificate
If the house was in the deceased’s name alone, the buyer’s lawyer will expect the estate trustee to show authority before closing, which normally means the Certificate of Appointment. You can clear the house, get it appraised and choose an agent while the application is with the court, but the closing date in any agreement should leave room for the certificate. Our selling a home page explains the closing itself, and our Scarborough real estate page covers the local side, including the two land transfer taxes a Toronto buyer pays. Those taxes are the buyer’s cost, not the estate’s, but they shape what buyers can offer.
A worked example
A widowed father dies leaving his Scarborough house, in his name alone and mortgage-free, worth $1,050,000, and $80,000 in investments with no named beneficiary. The estate is valued at $1,130,000. Under Ontario’s estate administration tax rules (as of 2026), there is nothing on the first $50,000 and $15 for every $1,000 above it: 1,080 × $15 = $16,200, paid when the application is filed. If the house had been owned jointly with a surviving spouse, it would pass outside the estate, and only the $80,000 would count: 30 × $15 = $450, through a Small Estate Certificate.
Income tax on the house
Canada treats a person as having sold everything they own just before death. The principal residence exemption usually covers the gain on the family home up to that point, but it must still be claimed on the final return. Any rise in value while the estate holds the house belongs to the estate, which is one reason not to leave it unsold for longer than needed.
Working with us
A Scarborough estate with us, step by step
Most Scarborough families meet us once at the office and do the rest by phone, email and video. The order below is the one that protects the estate trustee.
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Step 1: A short call, then the documents
Book a free 15-minute call to tell us where things stand. Then bring or send the original will, the death certificate and recent statements for each account and property. Keep the original will somewhere safe: the court needs it, not a copy.
You provide
- Original will and any codicils
- Death certificate
- Property tax bill and recent statements
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Step 2: Values, and the probate decision
We list what the person owned, how each asset was held, and its value at the date of death. That tells us whether probate is needed, which certificate fits and what the estate administration tax will be. You get a quote for the work before you commit.
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Step 3: Application to the Toronto court
We serve the beneficiaries, file the application by email, and deliver the original will and the tax payment to 330 University Avenue. We answer any questions from the court office.
We handle
- Drafting the application and affidavits
- Service on beneficiaries
- Filing, originals and payment
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Step 4: The house and the paperwork after the certificate
The estate information return is due to the Ministry of Finance within 180 days of the certificate. Meanwhile the house is sold or transferred, the Vacant Home Tax declaration is made, debts are paid and the final tax returns are filed.
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Step 5: Clearance and distribution
After the six-month periods for a married spouse’s election and dependants’ claims have passed and the CRA has issued a clearance certificate, the estate trustee distributes against signed releases.
Questions
Scarborough probate questions
Where is probate filed for someone who lived in Scarborough?
With the Superior Court of Justice in Toronto. The estates office is on the 9th floor at 330 University Avenue. The application can be filed by email, but the original will and the estate administration tax payment are delivered on paper.
Do I have to go to court downtown?
Usually not. An uncontested probate application is decided on the documents. Court attendances arise only if someone objects or there is a dispute about the estate.
My late mother’s Scarborough house is empty. Do we owe Vacant Home Tax?
Toronto requires an occupancy declaration for the property every year. The City has an exemption for a home that is vacant because its owner died, available for up to three consecutive taxation years, but it has to be claimed with a copy of the death certificate. Without a declaration the City deems the home vacant.
How much are probate fees on a Scarborough house?
Ontario’s estate administration tax is nothing on the first $50,000 of the estate and $15 per $1,000 above that (as of 2026). A $1,050,000 mortgage-free house plus $80,000 in the estate comes to $16,200. Our legal fee is separate and quoted once we understand the estate.
Can you act on the sale of the house as well?
Yes. Once the estate trustee has authority, we act on the sale, and the legal fee for the sale is calculated by price in the online quote.
Can we meet you in person?
Yes. Our office is at 3319 Sheppard Ave E, Suite 103, Scarborough (Toronto), ON M1T 3K2. Many documents can also be reviewed with you by video while you sign on paper.
Do you work in Armenian or Arabic?
Yes. We serve clients in English, Armenian and Arabic, which can help when family members abroad need to follow the estate.
Guides
Guides for Scarborough families
Writing a Will in Canada: A Step-by-Step Guide
A will is a legal document that outlines how a person's assets will be distributed after their death. It's an important part of estate…
Areas We Serve
Probate help across the GTA
Our office is in Scarborough, and we act on estates filed in Toronto, Newmarket, Oshawa and Brampton. If you are still planning, see our Scarborough 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
Start with where the estate stands today.
Book a free 15-minute call with our Scarborough office, or answer the estate questions for a quote.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic