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Thread: How would you save on costs of probating a simple estate?

  1. #1
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    When I say simple I mean really simple. Like one beneficiary who is the executor, almost no chance of anyone contesting it (unless they are resurrected!), and with the estate having only one movable asset that can be sold in seconds. Really simple. Its not a small estate so I am worried that I'm getting quoted set fees based on the value of the estate because that results in the lawyer making a lot more money off me. I don't see that an estate worth more should be charged a lot more, if everything else is the same (if both are very simple as per my example above).

    So how would you go about minimizing the legal costs of probate but have a lawyer check to make sure there are no mistakes? I have the time to do some of the work myself.
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    tightwad and proud of it! brunt's Avatar
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    I don't know where you live, but in Ontario probate fees are based on value of the estate. Period.

    https://stepstojustice.ca/questions/...i-reduce-them/

    In Ontario, probate fees are:
    • $5 for every $1,000 of assets up to $50,000, and
    • $15 on every $1,000 of assets over $50,000.
    Short of reducing the size of the estate before death (through gifts), there is not much to be done.

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    https://www.legalline.ca/legal-answe...bating-a-will/

    https://ontario-probate.ca/probate-basics/

    I probated my FIL’s will a few years ago, without a lawyer.
    I did find out one really important thing that you might want to check before doing anything.

    The will should have a lawyer’s stamp on the back of it before you attempt to file it with the court.


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    Canadian Genius Tweets77's Avatar
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    I was able to skip probate on my mother's will last year with a little help from her lawyer. I put the proceeds of selling her house in a trust with the lawyer and that left about $25,000 only at the Royal Bank (btw put up many roadblocks and were very difficult to deal with but i was persistant).

    PS.. Probate is taking about 9 months in Ontario right now.

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    Save by having joint bank accounts, joint ownership. They don't need to be reported to probate court.
    Tweets77 likes this.

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    Quote Originally Posted by Tweets77 View Post
    I was able to skip probate on my mother's will last year with a little help from her lawyer. I put the proceeds of selling her house in a trust with the lawyer and that left about $25,000 only at the Royal Bank (btw put up many roadblocks and were very difficult to deal with but i was persistant).

    PS.. Probate is taking about 9 months in Ontario right now.
    Depends on which community the deceased resided - if it is a smaller community you can usually call the clerk and find out the timelinee


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