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How long does it typically take to probate a will in Ontar

Resolved Question:

How long does it typically take to probate a will in Ontario?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.

Debra Thal (username) :

There is no such thing as a typical time when it comes to estate law.

Debra Thal (username) :

Are you asking about when the application for probate should really be filed or about the winding up of the estate?

Debra Thal (username) :

Do you know what has gone on so far?\

Customer :

The estate should be winding up as far as I know. I have an elderly aunt who died in Simcoe County, Ontario in April of 2010. Her nephew, my cousin, is the executor of the estate.

Debra Thal (username) :

This is not a long time when it comes to these issues.

Debra Thal (username) :

Even in a very straightforward estate 2 years is not even long.

Debra Thal (username) :

For example, the estate must receive a tax clearanace from the CRA. This can take a while because the assets need to be gather, the debts and expensese needs to be paid, something assets need to be appraised, her income from before she died must be consider and then a Terminal Return must be filed.

Customer :

I understand this process can take time but I'm also curious as to how long it may take without appearing to be the impatient cousin. A further question I have is

Debra Thal (username) :

So there is no cause for concern this early on.

Customer :

how can I view the contents of the will? Thank you.

Debra Thal (username) :

Hold on. Are you sure you are a beneficiary?

Customer :

No, I'm not. I was told by my aunt that I would be but I'm not certain that I am.

Debra Thal (username) :

You can see the Will by attending at the Courthouse closest to where you aunt lived.

But the law is that before they applied for probate all beneficiaries had to be sent a Notice of Application for Probate and a copy of the Will. So either something has gone seriously wrong or you are not a beneficiary.

Debra Thal (username) :

The Will is a matter of public record once probate has been applied for and anyone can see it and no one will know.

Customer :

Thank you very much, Debra.

Debra Thal (username) :

You are welcome.

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86293
Experience: Lawyer
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