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Probate & Estate Administration

Helping Families Navigate Loss with Clarity and Compassion

Losing a loved one is hard enough without the added stress of legal paperwork and complex estate procedures.

At Fletcher Barrow, we are here to guide you through the probate and estate administration process — ensuring that your loved one’s wishes are respected and that their affairs are settled properly.

What is Probate?

Probate is the court-supervised process that confirms the validity of a deceased person’s Will and grants authority to the Executor (also called an Estate Trustee) to administer the estate.

If there is no Will, probate still plays a role — the court appoints someone to manage and distribute the estate according to intestacy laws.

The probate process ensures:

  • The Will is genuine and legally valid,
  • The correct person is administering the estate,
  • Creditors are paid before beneficiaries receive their inheritance.

What is Estate Administration?

Estate administration refers to all the tasks involved in settling a deceased person’s affairs.
This includes:

  • Locating and valuing all assets,
  • Paying outstanding debts, taxes, and expenses,
  • Distributing assets to beneficiaries,
  • Filing final tax returns,
  • Keeping detailed financial records.

Executors have a legal duty to act honestly, faithfully, and in the best interests of the estate.

When is Probate Required?

Probate is typically required when:

  • The estate includes real estate solely in the deceased’s name,
  • Banks, financial institutions, or investment companies demand proof of legal authority to release assets,
  • There is no valid Will,
  • There are disputes among heirs or beneficiaries.

Not all estates require probate — especially if assets were held jointly or beneficiary designations were made (e.g., life insurance, RRSPs, TFSAs).

Responsibilities of the Executor (Estate Trustee)

  • Locate and review the original Will
  • Apply for probate (if necessary)
  • Notify beneficiaries and interested parties
  • Gather, secure, and value estate assets
  • Pay funeral expenses, debts, and taxes
  • Maintain accurate accounting of all estate transactions
  • Distribute the estate according to the Will or court order

The role of Executor is both an honour and a serious legal responsibility.

Frequently Asked Questions

How long does the probate process take?

It varies. Simple estates may take 4–6 months. Complex or contested estates can take longer, often 12 months or more.

How much are probate fees (estate administration taxes)?

In Ontario, for example, the probate tax is approximately 1.5% of the estate’s value over $50,000. Other provinces and territories have their own fee structures.

Can an Executor be personally liable?

Yes. If an Executor mismanages estate assets, fails to pay taxes, or distributes assets improperly, they can be held personally liable. That’s why proper legal guidance is so important.

What if there is no Will?

The court will appoint an Estate Trustee Without a Will (formerly called an “Administrator”) to manage and distribute the estate according to the rules of intestacy.

Can an Executor be paid for their work?

Yes. Executors are typically entitled to compensation for their time and effort, usually based on a percentage of the estate’s value, subject to court approval or beneficiary agreement.

Let Us Lighten Your Burden

At Fletcher Barrow, we assist Executors, Trustees, and families through the entire probate and estate administration process — providing clear advice, practical support, and peace of mind during a difficult time.

Related Practice Areas

Last Will & Testament

Power of Attorney

Estate Planning

Incapacity Planning

Business Succession Plans

Family Trusts

Guardianship Applications