How do I search whether a will or probate application exists in Ontario?
The starting point is the Superior Court of Justice in the county or district where the deceased lived at the time of death, because that is where a probate application is filed. If the deceased lived outside Ontario, the application is filed where they owned Ontario property.
How to search court records, and what a search will show, is something a lawyer can confirm for your situation. Some clues may already be in your hands. When there is a will, the estate trustee named in it usually applies. Before filing, the applicant must send the signed application to the estate beneficiaries, so a beneficiary may already have received one. A probate application needs the original will and any codicils, together with proof of death.
Not finding a will matters. If there is no will, the married spouse or common-law partner usually has first right to apply, followed by a close adult relative. A common-law spouse does not inherit if there is no will. A beneficiary can file a Notice of Objection (Form 75.1). If you cannot locate a will, get legal advice before assuming there is none.
Key takeaways
- A probate application is filed at the Superior Court of Justice in the county or district where the deceased lived at death, or where they owned Ontario property if they lived outside Ontario.
- Before filing, the applicant must send the signed application to the estate beneficiaries.
- If there is no will, the married spouse or common-law partner usually has first right to apply, but a common-law spouse does not inherit without a will.
- Which searches suit your situation is worth confirming with a lawyer.