Can an executor apply for probate in Ontario without a lawyer?

An executor can, in theory, apply for a Certificate of Appointment of Estate Trustee in Ontario without retaining a lawyer. The Superior Court of Justice accepts self-represented applicants. However, the application requires precise completion of court forms, proper affidavit swearing, calculation and payment of the estate administration tax, and compliance with notice requirements.

Errors or missing documents cause delays and may require re-filing. Larger or more complex estates — those with multiple beneficiaries, contested wills, missing heirs, foreign assets, or businesses — are especially difficult to navigate without legal assistance.

In practice, most executors retain an estate lawyer because the executor is personally liable for mistakes that harm the estate or beneficiaries. Legal fees paid from the estate are generally a proper estate expense, meaning beneficiaries rather than the executor bear that cost. For simple, low-value estates, self-represented applications are more feasible, but consulting a lawyer for even a brief review is worth considering.