Step by Step Guide to finalize your Probate Application with Landmark Law

In order to commence our services promptly and facilitate a smooth application, please provide the following by the stated timelines. Delays in receiving the information may result in closing issues and additional charges may apply. Thank you for your cooperation!

Please refer to our Cost Calculator [Click Here] for the fee quotes or view it immediately below from the embedded cost calculator:

Please note that if the deceased only estate was a bank account under $50,000, it might be possible to ask the bank to waive probate. In some but not all cases the bank may waive probate.

Please immediately provide Landmark Law with:
[If anything need to be submitted by email to Landmark Law, please email winnie@landmarklaw.ca]
Click Here to send us an Email!!!

i. Email the Death Certificate and the Will (if any) of your loved one, the Deceased (our condolences).

ii. Email Two valid IDs
(e.g. Canadian Driver's License, Credit Card, Passport/PR; Health Card not accepted.).
Please make sure to submit a clear "front-side" and "back-side" scan or photocopy of your two pieces of identification.

iii. Remit $1,000 Retainer payable to "Landmark Law Professional Corporation, in Trust" or e-transfer to winnie@landmarklaw.ca
If by e-transfer, please provide Landmark Law with the e-transfer secret password.

iv. Review and Complete the Landmark Law's Standard Probate or Letters of Administration Application Retainer Package
PDF Retainer to complete by hand and scanned back (Please Complete and Scan back Part 1 and Part 2): PDF Standard Retainer [Click Here]

v. Complete Form 1A - Landmark Law's Verification of Identity Form
[Option to either complete online or by PDF]
[To change language between English, Traditional Chinese and Simplified Chinese, you may select them respectively from the drop down menu on the top right corner of the Form.]

Online Form to complete online: Online Form 1A [Click Here] or immediately above from the embedded Form
PDF Form to complete by hand and scanned back: PDF Form 1A [Click Here]

Note: If there are any missing or incomplete information, please submit them as soon as they are available to Landmark Law.

*For compliance purposes we will publish a Creditors’ Notice and Knowledge of Will ad for 30 days prior to filing your probate application.

Please provide or confirm the following to/with Landmark Law as soon as possible:

i. Provide Landmark Law with background information on the proposed executor.

- What is the your full legal name? Do you have any alternative names?

- What is your occupation? If retired, what was the occupation prior to retirement?

- Relationship to the deceased?

ii. and Provide Landmark Law with background information on the Deceased:

- What is the deceased’s full legal name? Did theys/he have any alternative names?

- What was the deceased’s home address?

- What was the deceased’s email address and phone number?

- What was the deceased’s last occupation? If retired, what was the occupation prior to retirement?

- What was the deceased’s marital status (single, married, widowed, divorced, separated, common law, etc.). If the deceased was ever married, was any marriage dissolved by divorce? If yes, please provide the name of the former spouses and date of divorce, date of death.

iii. Provide our firm with the background information of all the beneficiaries (Please provide full names, home address, email address, phone number, occupation, date of birth, relationship to the deceased).

iv. Provide our firm with the background information of all other Estate Trustees Please provide full names, home address, email address, phone number, occupation, date of birth, relationship to the deceased). We may need to obtain their Consent and Renunciation for you to be the Estate Trustee.

v. Provide information and proofs of all the Deceased's Ontario assets and liabilities (real estate, bank accounts, personal property) as at the date of death

vi. Or view the embedded article immediately below:Read and review in detail Landmark Law's article on Probate and Estate Administration [Click Here]. Or view the embedded article immediately below:

vii. Follow the steps outlined in the article, gather and provide any additional information or documents requested by Landmark Law. We will calculate the Estate Administration Tax and ask you to deliver a bank draft payable to “Minister of Finace” and original will (if deceased had a will) to our office.

viii. If an Estate Sale of Real Property is involved in the Estate Administration process, read and review in detail Landmark Law's article on Estate Sale of Real Property [Click Here]. Or view the embedded article immediately below:

i. Review the documents prepared by Landmark Law.

ii. Once you reviewed, provided your comments and confirmed your review with Landmark Law, schedule your remote signing appointment with Landmark Law
[Book the remote appointment date as soon as possible after you received printing documents from Landmark Law]

Book your Appointment: Booking Scheduler [Click Here] or immediately above from the embedded booking calendar


iii. Signing Appointment Preparations:
[Landmark Law will email you the documents to print]

1. Please bring originals of your previously e-mailed identification (2 valid IDs per person) to the video meeting for our inspection.
   
2. For the video meeting, you are only required to print one (1) copy of the attached documents for signing purposes. Please set your printer to enable the pages to “shrink to fit” to enable legal sized government documents to print out on letter size paper. Double-sided printing is fine.
   
3. If applicable, please keep documents in separate piles for ease of reference during the meeting.
   
4. Please let Landmark Law know the location (e.g. city, etc. - which City) you will be at for the remote meeting and signing.
   
   We have to update the jurat for your signing appointment (the subscribed memo near the end of signing documents, generally beside your signature, that shows the date and location of your sworn oath or affirmation).
   
   
5. After you signed the documents during the video meeting, please scan over your signed documents.

iv. Review the following information on Steps Involved in Remote Signing:

In anticipation of our meeting, please refer to the following information/steps to keep you informed of what is expected and the setup for the meeting:

Before the meeting:

1. Please print all the relevant documents that require review and signing.
2. Please prepare two pieces of ID [i.e. Driver's License, Passport, Credit Card; Health Card is not acceptable].
3. Please plan ahead and prepare to attend the meeting at a secure and totally private space with adequate and good soundproofing.
4. It is recommended that you prepare earphones/earbuds/headphones/headsets for use throughout the remote meeting - for clearer audio and somewhat added security.

During the meeting:

1. First, we will ask for your consent to video recording for compliance purposes.
2. We will ask you to present the two pieces of ID you prepared before the meeting by showing us the front and backside of these IDs. Please present them within the frame of the camera view for it to be captured.
3. After this, we will ask you to present to us slowly a 360 degree view of the location you are at for the meeting and for signing by ensuring that it is of a totally private nature.
4. Then you will be asked to present each page, one after another, of the relevant documents that require review and signing by holding them up to the camera to be captured. Please present them within the frame of the camera view for them to be captured.
5. It is important to note that throughout the meeting we are not able to pause and allow interruptions from any 3rd parties, as this meeting is private.
6. After these initial prep work before and during the meeting (Steps 1-5), our lawyers will proceed to go over all the relevant documents with you and answer any questions you may have.
7. Lastly, when you proceed to sign the documents, we will ask you to adjust your laptop camera or phone camera and that it be positioned in a way that allows the capture of each document when you are signing it.

i. Completing and Submitting the Signed Application - Wait for Updates from Landmark Law - CONGRATULATIONS!!!

ii. Remit the outstanding balance to Landmark Law (e-transfer to winnie@landmarklaw.ca) once you receive Landmark Law's invoice.
[please provide Landmark Law with the e-transfer secret password]

iii. Landmark Law will email you a copy of the submitted Probate Application.

iv. Once the Court approves of the application, Landmark Law will email you the Certificate of Appointment of Estate Trustee (either with or without a Will) and any corresponding endorsements.

v. You shall subsequently provide any financial updates of the Estate (assets and liabilities) to Landmark Law for finalizing the Estate Information Return for submission within 180 days of your appointment.
Note: Step 3 will be repeated for remote signing of any affidavits and the Estate Information Return. Please book the remote signing appointments accordingly.

vi. Landmark Law will email you a copy of the submitted Estate Information Return Package.

vii. Once the Estate Information Return Package (EIR) and the corresponding Estate Administration Tax (EAT) is paid, if any, Landmark Law's services end after we submit your EIR and EAT with the Ministry. You shall be responsible for following up with the Ministry, fulfill any subsequent requirements or duties as the Estate Trustee of the Estate. Landmark Law shall not be involved or represent you further in your continued and final administration of the Estate.

viii. If you were happy with our service, we would appreciate a 5-Star Google Review and "like" on Facebook/LandmarkLawPC. Thank you again for choosing and believing in Landmark Law!

Questions