Can Someone Else Apply for Probate in Ontario if the Executor Is Out of the Country?

A named executor who lives outside Ontario is not automatically shut out, but living abroad can bring extra requirements. A bond is required if the applicant lives outside Ontario, another Canadian province or territory, or a Commonwealth country. A person named in a will also does not have to act, and if they decline or cannot act, the beneficiaries may nominate someone else.

If the executor steps aside, a renunciation is made on Form 74G (Part A), and a consent to someone else's appointment is made on Form 74G (Part B). A bond is generally for double the sworn value of the estate, though a judge may reduce it or dispense with it. Personal sureties must be adult Ontario residents: two if the estate is over $100,000, one if it is $100,000 or less.

The application and affidavits must be signed before a Commissioner for taking affidavits, who must also sign them. Applications may be emailed to the court, but original wills, codicils and bonds must still be filed on paper. How someone abroad can sign in front of a commissioner is worth confirming with a lawyer. If there is no will, letters of administration cannot be granted to a person who does not live in Ontario, except when a grant is resealed.