do i have to probate a will when the estate is only the home…

Question

Answer 1

Lawyer: Harv, Lawyer replied 12 years ago

For some reason your original reply came back as an 'opt out.' It appears that it has now been fixed so I am able to provide your answer.

In order to transfer title of the property at the land registry to the beneficiaries, a grant of probate will be required. There is, unfortunately, no way around this. This is, in part, a precautionary mechanism used by the land registry system to ensure that transfers of estate properties occur only after the court of probate has determined the will is valid (by making the grant).

All the best.

Answer 2

Lawyer: Harv, Lawyer replied 12 years ago

Please refer to the following Bulletin put out by the Land Registry:

http://www.ontario.ca/ontprodconsume/groups/content/@tsso/documents/document/stel01_078619.pdf

If the will itself specifically refers to the property in question and provides its legal description, you could apply for a Certificate of Appointment of Estate Trustee With a Will. Rule 74.04 of the Rules of Civil Procedure set that out. You can find the Rules at:

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900194_e.htm

The Certificate itself (Form 74.13.1) is available at:

http://www.ontariocourtforms.on.ca/english/civil/

If the executor were also the sole beneficiary, the only difference it would make is in terms of the notice that must be provided regarding the application for the Certificate or letters Probate. In effect, it would make no difference.

If you wish to discuss the matter with the Land Registry staff their contact information is available at:

http://www.ontario.ca/en/information_bundle
/land_registration/content/STEL02_165696

I hope that helps.

All the best.

do i have to probate a will when the estate is only the home…

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