How do I probate a will in Ontario if the executor named has died or refuses to act?

If the estate trustee named in a will declines or cannot act, the beneficiaries may nominate another person. The wider rule is that, with a will, the named estate trustee usually applies; without one, the married spouse or common-law partner usually has first right to apply, followed by a close adult relative, and the court may appoint the most appropriate relative.

Whoever applies in place of the named trustee may need a bond. A bond is required when the deceased died without a will, when the applicant was not named as estate trustee in the will, or when the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country. It is generally twice the estate's value unless a judge orders otherwise, and a judge can decide on a motion to waive it.

Small estates have an exception: no bond is required unless a beneficiary is a minor or is incapable, subject to the rule for non-resident applicants. In a small estate with a minor or incapable adult beneficiary and no will, a bond is needed unless the applicant is the deceased's spouse and has filed an affidavit asking the court to dispense with it.