After the initial flurry of activity following the death, the executor’s focus turns to the will and the legal process that may be required to administer the estate. In this section, we’ll explain how to interpret the will, what to do if there is no will, and how the probate process works across Canada. We’ll also cover the concept of intestacy (dying without a will) and the differences in procedure between provinces, including special considerations in Quebec’s civil law system.
Reading and Understanding the Will
Is the Will Valid? Understanding Formal Requirements Across Canada
What is Probate?
Probate Fees Across Canada
The Probate Application Process (Step-by-Step)
Dealing with Intestacy (No Will)
What to Do While Waiting for Probate
A Final Note on Probate
Before moving on, keep this key principle in mind: probate is not just a bureaucratic hurdle - it’s your legal safeguard. Once a will is probated, the court has officially confirmed its validity and your authority to act as executor. That means:
- You’re protected when administering the estate according to the probated will, even if someone later claims a different will exists (unless a court later sets aside the probate - which is rare and requires strong evidence).
- Deadlines for legal challenges are triggered, such as wills variation claims or dependant support claims, giving you clarity on how long to wait before final distribution.
Yes, probate involves paperwork and a fee - but what it provides is certainty. Once granted, your role becomes much more straightforward: you’re simply carrying out duties with the court’s endorsement behind you.