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Wills & Estates

How many days do I have to appeal an Ontario probate decision once it's made?

TSL Written by the Treadstone Law team· Updated August 2026

Ontario's civil procedure rules set strict, generally short deadlines for filing an appeal, but exactly how many days you have depends on the specific type of order you're appealing and which court the appeal goes to — a final judgment following a contested hearing, an interlocutory procedural order, and a costs order can each be treated differently, and the applicable deadline can also depend on how and when the decision was formally communicated to you. Because of this, it isn't accurate or safe to rely on a single generic number of days for every probate-related decision.

What matters most practically is that these deadlines are usually measured in a small number of days from the date of the order, they generally begin running immediately, and courts do not automatically extend them just because a party was still deciding what to do or looking for a lawyer. Missing the applicable deadline can permanently bar your ability to appeal, regardless of how strong your grounds might otherwise have been. If you've just received an unfavourable probate-related decision, the safest step is to contact a lawyer the same day to confirm the specific deadline that applies to your order and get the appeal process started immediately, rather than trying to work out the timeline yourself.

Key takeaways

  • The exact appeal deadline depends on the specific type of order, not a single fixed number of days.
  • These deadlines are short, start running immediately, and are rarely extended automatically.
  • Missing the deadline can permanently end your right to appeal, regardless of the merits.
  • Contact a lawyer the same day you receive an unfavourable decision to confirm your specific deadline.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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