Ontario counts a parent's savings account in Kraków when it calculates estate administration tax. It does not count the parent's apartment in Kraków. The province's own guidance lists "bank accounts (includes foreign banks)" among the assets to include and "real estate outside of Ontario" among those to leave out.
That split is typical: each country deals with the property inside it, under its own procedure and in its own language, and documents travel both ways.
Below: each province's probate rules for foreign documents, foreign grants, heirs abroad, and Canadian estate papers used in another country.
Which estate documents need translating?
Every document not in the language of the office receiving it. The usual list:
| Document | Who asks for it | What to know |
|---|---|---|
| Foreign death certificate | Probate court (Ontario lists "proof of death" among the papers filed with an application), banks, insurers | Translate every stamp and anything on the reverse |
| Foreign will and codicils | Probate court | Each province prescribes the translator's affidavit (see below) |
| Foreign grant, court appointment or certificate of inheritance | Resealing or ancillary application in Canada | Certified copies under the foreign court's seal; the seal text is translated too |
| Heirs' birth, marriage and death certificates | Executor, court and banks, to prove who inherits | One document per link in the family tree, especially when there is no will |
| Canadian grant, will and death certificate | Courts, notaries, banks and land registries abroad | Apostille first, then translation into the local language |
See also wills translation in Canada and death certificate translation.
What translation does each province's probate court require?
The rules differ by province, and two provinces prescribe the affidavit form itself:
| Province | The rule | What it means in practice |
|---|---|---|
| Ontario | Courts of Justice Act s. 125(2)(b): documents "shall be in the English language or shall be accompanied by a translation of the document into the English language certified by affidavit of the translator" | Complete translation plus the translator's sworn affidavit. Section 126 lets parties file documents written in French. |
| British Columbia | Supreme Court Civil Rules 25-3(2)(h) and (10), and 25-6(2)(h) and (8) for resealing | "An affidavit of translator in Form P12" for each document not written in English, French included |
| Alberta | Surrogate Rules, rule 18 | A will not in English or French needs "an affidavit in Form GA10 verifying the will's translation" |
| Quebec | quebec.ca, Vérification du testament | A will is verified only if written in French or English; otherwise it must be translated "par un traducteur reconnu par l'Ordre des traducteurs, terminologues et interprètes agréés du Québec" |
Ontario. The Act asks for an affidavit, not a particular translator. Affidavits used in Ontario proceedings follow Form 4D under rule 4.06, so ask the estate lawyer whether the translator's affidavit should carry the court file heading.
British Columbia and Alberta. In Form P12 the translator swears to being "competent to translate from one to the other", with the original as Exhibit A and the translation as Exhibit B; Alberta's Form GA10 for wills is built the same way. BC requires court documents in English (rule 22-3(2)), so a French will needs a P12 too.
Quebec. A notarial will needs no verification. Holograph wills and wills made before witnesses are verified by a notary or the Superior Court, under the translation rule above. An Official Translations translation does not meet that rule, because the translator must be one recognized by OTTIAQ.
Ontario's Evidence Act (s. 45) and BC's (s. 63) accept affidavits sworn outside the province before a notary public, which helps heirs and witnesses abroad.
Can a foreign executor use a foreign grant in Canada?
Yes, through resealing or an ancillary grant, depending on which court issued it:
| Province | Resealing is available for grants from | Otherwise |
|---|---|---|
| Ontario | The UK, another Canadian province or territory, or "any British possession" (Estates Act s. 52, rule 74.08) | Ancillary appointment with a will (rule 74.09); without a will, the domicile estate trustee nominates an Ontario trustee (rule 74.05.1) |
| British Columbia | Another province or territory, any Commonwealth country, any US state, Hong Kong (WESA s. 138, regulation s. 3) | Ancillary grant, or a grant limited to BC property to the foreign representative's attorney (s. 139) |
| Alberta | Another province or territory, the UK and British possessions, Commonwealth countries (Estate Administration Act s. 18) | Ancillary grant listing only Alberta property and debts (s. 19) |
| Quebec | Its own procedure | Non-notarial wills are verified in Quebec; for a deceased who lived elsewhere, in the district where the property is or where the death occurred |
Ontario wants two certified copies of the foreign grant "under the seal of the court that granted it" (rules 74.08 and 74.09), and Alberta a certificate that the grant "is unrevoked and fully effective". Any of these not in English is translated with the rest.
Foreign executors also face security rules. Ontario will not grant probate to an executor "not resident in Ontario or elsewhere in the Commonwealth" without security unless a judge dispenses with or reduces it (Estates Act s. 6), and Alberta requires a bond from a non-resident personal representative unless a co-representative lives in Alberta (Surrogate Rule 28). On a resealed or ancillary grant, Ontario's estate administration tax counts Ontario assets only.
These routes assume a court appointment abroad. In countries where heirs accept an inheritance before a notary, as in Russia (Civil Code art. 1153), ask an Ontario estates lawyer which application fits.
What changes when the heirs live outside Canada?
The paperwork travels instead of the people. Ontario requires the application to be served on "every person entitled to share in the distribution of the estate", and service by email, mail or courier to the last known address is allowed (rule 74.04(2) and (7)). A minor's papers go to a parent or guardian and the Children's Lawyer.
Without a will, the executor proves the family tree with civil records. A nephew in São Paulo who inherits through his late mother needs his birth certificate, her birth and death certificates and proof that she and the deceased shared parents. Every foreign record in that chain needs its own translation.
Tax comes before distribution. An executor who distributes without a CRA clearance certificate (requested on Form TX19) is personally liable for unpaid amounts "up to the value of the amount of assets distributed". Estate income paid or credited to a non-resident beneficiary attracts a 25% non-resident tax under Income Tax Act s. 212(1)(c), which tax treaties can reduce.
How do you reach foreign assets with a Canadian grant?
A Canadian grant has no automatic effect abroad. The usual sequence:
- Order certified copies of the grant, the will and the provincial death certificate.
- Apostille them. Since January 11, 2024, Canada has been part of the Apostille Convention. Global Affairs Canada handles federal documents and those from the territories and the other provinces; Alberta, BC, Ontario, Quebec and Saskatchewan apostille documents issued there. See apostilles explained.
- Translate into the local language, apostille included. First ask who may translate. Spain, for example, treats a translation into Spanish as official when made by a traductor jurado appointed by its foreign ministry.
- Prepare a power of attorney if the executor will not travel; it needs its own apostille and translation. See power of attorney translation.
Deadlines that run abroad
Foreign clocks do not wait for Canadian probate. Germany gives an heir six weeks from learning of the inheritance to disclaim it, or six months if the deceased's last domicile was only abroad or the heir is abroad when the period starts (BGB s. 1944). Russia gives heirs six months from the death to accept, by application to a notary (Civil Code arts. 1153 and 1154).
Property in the European Union
EU member states other than Denmark and Ireland apply Regulation 650/2012 to deaths on or after August 17, 2015. Its general rule is the law of the deceased's last habitual residence, unless they chose the law of their nationality (articles 21 and 22). A European Certificate of Succession can prove an heir's or executor's status in another member state, but it is optional (article 62).
Reporting what you inherit
A Canadian resident must file Form T1135 when the cost amount of specified foreign property exceeds $100,000. For inherited property, the CRA says that cost is "its fair market value" when received, and property used primarily for personal purposes is excluded. See CRA documents and foreign income.
Translation details that decide estate files
- Names. A father may be "Mykola" on a Ukrainian death certificate and "Nikolai" on a Toronto bank statement. Follow the identity documents the court already holds and note the variants.
- Property identifiers. Cadastral numbers, land registry entries and account numbers are copied digit for digit.
- Legal terms. Keep the original beside the rendering: "certificate of inheritance (Erbschein)", which a German probate court issues to an heir (BGB s. 2353).
- Seals, register numbers and attestation clauses. Courts use them to judge whether a will was validly made.
- The apostille, which is translated with the document.
Why cross-border estate files stall
- Partial translations: attestation clauses, notarial certificates and stamps left out.
- The wrong format: a certificate of accuracy where BC wants Form P12 or Alberta Form GA10.
- The wrong translator in Quebec, one OTTIAQ does not recognize.
- Plain photocopies of a foreign grant where Ontario wants copies under the court's seal.
- A missed foreign deadline while the family waited for Canadian probate.
Checklist: foreign documents in a Canadian estate
Questions people ask
Can a will made in another country be probated in Canada?
Yes, if it was validly made. Ontario's Succession Law Reform Act (s. 37) accepts a will made under the law of the place where it was signed, or of the testator's domicile, habitual residence or nationality, and BC's WESA (s. 80) has a similar list. The court still needs a full translation in the province's format.
Does a foreign will need a certified or a notarized translation for probate?
Ontario, BC and Alberta want a translation backed by the translator's sworn affidavit, and BC and Alberta prescribe its form (P12 and GA10). In Quebec, a will in another language must be translated by a translator recognized by OTTIAQ before it can be verified.
Can I use a foreign grant of probate in Ontario, BC or Alberta?
All three reseal grants from other Canadian provinces and the UK. Ontario's rule adds "any British possession", BC and Alberta add Commonwealth countries, and BC also takes US states and Hong Kong; grants from elsewhere lead to an ancillary grant or appointment. Either way, the court wants certified copies under the foreign court's seal, translated if they are not in English.
Does a Canadian grant of probate work in another country?
Not automatically. The foreign court, notary or registry decides what it accepts, usually certified copies of the grant and will with an apostille and a translation into the local language, often by its own sworn translators.
Do heirs living abroad have to travel to Canada?
Usually not. Ontario allows estate papers to be served by email, mail or courier, and Ontario and BC accept affidavits sworn abroad before a notary public. Heirs still need translated civil records proving their relationship to the deceased.
Do I report an inheritance from abroad to the CRA?
A Canadian resident must file Form T1135 if the cost amount of specified foreign property exceeds $100,000. Inherited property counts at its fair market value when received, and property used mainly for personal purposes is excluded. Keep translated copies of the foreign inheritance documents.
How much does an estate translation cost, and how long does it take?
Official Translations charges CA$39.95 per page, with the translator's sworn affidavit at CA$24.95 per document. A one-page certificate is usually delivered within 24 hours as a signed PDF, and longer documents such as wills and court decisions typically take one to three business days.
