Estate planning in Toronto

Toronto estates are the ones where the arithmetic gets uncomfortable fastest, because the single largest asset is almost always a house that was bought for a fraction of what it is now worth.

Region
the City of Toronto
Estates probated in
Toronto
Also covering
North York, Scarborough, East York, Leaside, Forest Hill, The Beaches

What an estate in Toronto is usually made of

A Toronto estate is frequently property-heavy and cash-poor: a house, perhaps a second property, and not enough liquidity to settle the tax without selling something. That is a solvable problem, but only before the fact.

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A dense street of narrow semi-detached brick houses with front porches, seen down its length

What probate would cost on a $1,800,000 estate here

Ontario charges estate administration tax at nothing on the first $50,000 and $15 on every $1,000, or part of $1,000, above it. Take $1,800,000, which in Toronto is often a house and a small portfolio, with no second property.

$26,250 is payable before the estate is distributed, not out of it. When most of an estate is tied up in one asset, and here it usually is, that is money the family has to find before anything can be shared out. Making sure it is there is most of what the planning does.

  1. The estate$1,800,000
  2. Less the first $50,000, which is not taxed$1,750,000
  3. Divided into thousands, rounding a part up1,750
  4. At $15 each$26,250

Asked in Toronto

Where is a Toronto estate probated?

In Toronto. The City of Toronto is its own court region, so an application for a certificate of appointment for a Toronto resident is filed with the Superior Court of Justice here rather than in a surrounding region. It is the one part of a Toronto estate that does not involve leaving the city.

I own the house and a condo I rent out. Does that change anything?

It changes a great deal. A second property is fully inside the estate for probate purposes, it carries deferred capital gains that come due on death, and it is the asset families most often have to sell in a hurry. The planning is about making sure the estate has the cash to pay what is owed so the sale is a decision rather than a necessity.

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