Best Probate Lawyers in Ontario

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Ontario, California?

  The non-emergency contact number for the Ontario Police Department is 909-395-2001.

• Where can I get a copy of police reports for incidents related to my case in Ontario, California?

  You can get a copy of police reports at the Ontario Police Department's Records Bureau. The department charges $35 for traffic reports and $10 for incident logs. Visit the Ontario Police Department at 2500 South Archibald Avenue to make a request.

• Do you need to probate a small estate in Ontario?

  In Ontario, a small estate is defined as one in which the assets are under $184,500. If the decedent's assets are less than $184,500 and don’t include real estate, then his or her beneficiaries can claim assets under the California small estate affidavit procedure. A representative should present an Affidavit for Collection of Personal Property to the DMV, financial institution, or other entity that holds or manages the non-real-estate asset. If the decedent's small estate includes real estate, the decedent's representative should go through the Petition to Determine Succession to Real Property to transfer the deed of the real estate owned by the deceased.

• Is there a time limit for probate in Ontario?

  No. There is no time limit specified for filing a probate petition in Ontario. According to the probate code, the petition may be filed at any time after a decedent’s death. When a probate is opened earlier, the sooner the estate may realize the protections of the Probate Code creditor claim bar. Certain "collateral" time limitations may also affect the timing of initiating probate.

• Can I refuse to be an administrator or executor of an estate in Ontario?

  Yes. If you believe that you will not be able to perform your fiduciary duty as an administrator or executor of an estate in Ontario, you have the choice to refuse the position. You can file a petition in the Probate Court seeking the removal of the fiduciary, be it as an executor or as an administrator, for cause. The court may seek to remove the fiduciary on its own motion.

• What happens when there is no named executor in a decedent's will in Ontario?

  When a decedent's will in Ontario has no named executor, the Probate Code states that the order of priority for the appointment of the decedent’s personal representative is generally the same as would apply if the decedent had died intestate. It gives preference first to the decedent’s surviving spouse, then to children, grandchildren, parents, siblings, and so on.

• What assets are not subject to probate in Ontario?

  There are certain assets that are not required to go through probate in Ontario. This includes assets held in joint tenancy with another person or persons, held in a living trust, and life insurance or IRA benefits where a beneficiary is named. Assets registered by husband and wife as "community property with right of survivorship" also do not require probate, as the surviving spouse needs to petition assets with the court to claim them.