What documents do I need to apply for probate in Ontario?

To apply for probate in Ontario you need the original will and any codicils, proof of death (a death certificate or court order), and the court forms. Rule 74.04 lists the forms needed for each situation.

The main forms are Form 74A (the application, sworn before a Commissioner for Taking Affidavits), Form 74B or 74B.1 (proof of service) and Form 74C (the draft certificate). Depending on the case, you may also need affidavits such as Form 74D (execution of will), 74E (condition of will) or 74F (handwritten will), bond forms 74L or 74M, and renunciations or consents (Form 74G).

Before filing, send the signed application to the estate beneficiaries. Gather account statements or an appraiser's opinion to support asset values at the date of death. The Estate Administration Tax is paid as a deposit when the application is filed. File at the Superior Court of Justice in the county or district where the deceased lived at death, or, if the deceased lived outside Ontario, where they owned Ontario property. Estates of $150,000 or less can use the simplified Small Estate Certificate process, which has its own forms: 74.1A, 74.1B and 74.1C. A lawyer can confirm which set applies.