Markham Probate Lawyer
Zaidi Legal Professional Corporation
When someone passes away, their executor often needs court approval before a bank, land registry office, or investment firm will act. We prepare and file that application for families across York Region, and stay with you through the whole process.
In Ontario, "probate" is the informal name for getting a Certificate of Appointment of Estate Trustee — a document from the Superior Court of Justice confirming who has legal authority to act for an estate.
Without it, most banks, investment firms, and the land registry office won't release funds, transfer a house, or close an account, even to a named executor. If someone died without a will, the court appoints an estate trustee through a similar process.
Not every estate needs it. Small estates, or ones where assets are jointly held or have named beneficiaries, sometimes bypass the court entirely. Part of our first conversation with you is figuring out whether you need to apply at all.
Every estate is different, but the filing itself follows the same four stages.
The original will (if there is one), a list of assets and debts, and information on beneficiaries and next of kin.
Including the application itself, affidavits, and notices to beneficiaries, filed at the Superior Court of Justice location for York Region.
Calculated on the estate's value and submitted with the application. In some cases we can help arrange to defer this.
Once granted, the executor can present it to banks, the land registry office, and other institutions to act on the estate.
Probate applications for estates in Markham and the rest of York Region are filed with the Superior Court of Justice at the Newmarket courthouse. We prepare every application to that court's requirements and handle the filing directly, so you don't have to.
You'll know the cost before we start, and the estate — not you personally — typically covers reasonable legal fees for the application.
Meet in person at Anderson Ave, or handle the whole matter remotely — most of the process doesn't require you to leave home.
We help executors understand their duties, avoid personal liability, and manage disputes between beneficiaries if they come up.
Wills, estates, and probate are what we do — not a small part of a general practice.
"You answered every question and made me feel like you genuinely cared about my family's well-being."
"I'm still amazed at how much we got done without ever having to travel to an office."
"It's hard talking about death. The sensitivity and professionalism made it easier."
No. If assets are jointly owned, held with a named beneficiary, or the estate is very small, some institutions will release them without a certificate. Larger estates, real estate held solely by the deceased, or estates without a will almost always require it. We can tell you which applies to you in an initial call.
Once a complete application is filed, straightforward estates are often processed within a few months, though timelines shift with the court's caseload. Gathering documents, valuations, and beneficiary information before filing is usually what determines how quickly a family gets started.
Secure the estate's assets, pay debts and taxes, keep records, and distribute what remains according to the will (or the law, if there isn't one). Executors can be personally liable for mistakes, which is why most work with a lawyer through the process rather than handling it alone.
Reasonable legal fees for administering an estate are typically paid out of the estate itself, not out of the executor's own pocket.
Book a consultation, or call and we'll walk you through what to expect before you commit to anything.