When Is Probate Required?
Learn the specific situations that require probate, what types of assets trigger it, and how to tell if your estate plan might need court validation
One of the most common questions in estate planning is whether probate will be required. The answer depends less on the complexity of your Will and more on the structure of your assets. Probate is not automatically triggered by death—it is only required when certain legal or financial thresholds are met.
Knowing what these are helps you plan smarter and prepare your executor for what lies ahead.
Key Triggers for Probate in Canada
While every province has its own laws, probate is generally required when one or more of the following conditions are present:
| Trigger | Why Probate Is Required |
|---|---|
| Real estate owned in your name alone | Land title offices require court confirmation to transfer ownership |
| Financial institutions request it | Banks often require probate before releasing funds or closing accounts |
| No named beneficiaries on key accounts | Assets without designations default to the estate and need legal authorization |
| Disputes among heirs or family members | Courts step in to confirm the Will’s validity and executor’s authority |
| Lack of a valid Will | Without a Will, the court must appoint an administrator |
Tip: It is not the size of your estate that triggers probate—it is how your ownership and legal designations are set up.
Which Assets Usually Bypass Probate
Some assets bypass probate entirely if they are structured with direct succession in mind. These include:
-
Registered accounts with named beneficiaries (RRSPs, TFSAs, RRIFs)
-
Life insurance policies with a named beneficiary
-
Jointly held property or bank accounts with right of survivorship
-
Trust-held assets
-
Some pension plans and government benefits
In these cases, the asset passes directly to the designated person or co-owner without going through probate.
Important: If beneficiary designations are missing, outdated, or unclear, even these assets may end up in your estate and trigger probate.
How to Spot Probate Risks in Your Estate
A smart estate plan starts with understanding where probate may arise. Review your situation for:
-
Any assets held solely in your name
-
Investment accounts without clear beneficiary forms
-
Property in another province or country
-
Blended family dynamics or prior relationships
-
Business ownership or private company shares
If any of these apply, probate is likely, and planning to manage it in advance becomes even more important.
How Optimize Helps You Plan Around Probate
At Optimize, we do more than create a Will. We help you review how your assets are held, how your documents align, and whether probate is likely to be triggered. Then we help you adjust where needed.
We support you by:
-
Mapping which accounts and properties may go through probate
-
Coordinating your Will with your beneficiary designations
-
Recommending strategies to reduce probate if appropriate (e.g., joint ownership or trusts)
-
Preparing your executor for the steps and documents involved
Our goal is to protect your wishes, reduce costs and delays, and support the people who will carry out your plan.
Why Preparing for Probate Eases the Burden on Your Family
Probate is not always avoidable, but it is always manageable when you plan ahead. Understanding when it is required helps you make intentional decisions about how to structure your estate.
Clear preparation reduces stress for your executor and gives your family confidence that your wishes will be followed.
Plan with foresight. Structure with purpose. And make probate a step in your estate plan—not a surprise.