Common Reasons a Probate Application Gets Rejected or Delayed in Ontario

Applying for a Certificate of Appointment of Estate Trustee looks simple on paper: fill out the forms, attach the will, submit an inventory of assets, and wait. In practice, Ontario court registrars send back a meaningful share of applications with a requisition — a formal notice asking the applicant to fix something — before they'll issue the certificate. Each round of back-and-forth adds weeks to a process families are often already anxious to finish.

Most of these delays trace back to a small, predictable set of issues. Knowing them before you file gives you a real chance of avoiding a rejection.

The Most Common Culprits

1. An incomplete or inconsistent asset inventory

The application requires a sworn inventory of the estate's assets and their values as of the date of death. Registrars look closely for gaps, rounded or vague figures, or numbers that don't reconcile with supporting documents. An estimate presented as a precise figure — or a precise figure that later turns out to be wrong — can trigger a requisition or, worse, a problem after the certificate has already been issued.

2. Problems with how the will was signed or witnessed

Ontario's formal execution requirements are strict: the will must be signed by the testator (or by someone else in the testator's presence and at their direction) in the presence of two witnesses, present at the same time, who then also sign in the testator's presence. If the affidavit of execution or supporting evidence doesn't clearly establish that this happened correctly, the registrar may require additional proof — or the will's validity may be questioned entirely.

3. Missing renunciations or consents from people with equal or higher priority

Ontario law sets out an order of priority for who is entitled to apply as estate trustee. If someone with equal or higher priority than the applicant hasn't formally renounced their right to apply, or otherwise consented to the applicant's appointment, the registrar will typically require that gap to be filled before proceeding.

4. Inconsistent identification of the deceased

Names on the death certificate, the will, property titles, and financial accounts don't always match exactly — a middle name used inconsistently, a maiden name on some documents, a title deed with a slightly different spelling. Registrars can flag these discrepancies and ask for an explanation or supporting evidence connecting the identities.

5. The original will isn't available

Ontario generally expects the original signed will, not just a photocopy, to be submitted with the application. If only a copy is available, additional evidence explaining what happened to the original is typically required, and the application can take considerably longer while that's sorted out.

6. Errors or omissions in the court forms themselves

Probate applications involve several interlocking forms, and small inconsistencies between them — a different estimated value in one form than another, an unsigned affidavit, a missing exhibit — are among the most common, and most avoidable, reasons for a requisition.

7. Missing notice to beneficiaries or other required parties

Depending on the will and the circumstances, certain people are entitled to notice that a probate application has been filed. Skipping that step, or failing to properly document that notice was given, is a frequent source of delay.

8. Bonding requirements that weren't addressed

In some circumstances — commonly where there's no will, or where the will doesn't waive the requirement — an estate trustee may need to post a bond before the certificate is issued. Applicants who don't anticipate this requirement can find their application stalled while it's arranged.

A Pre-Filing Checklist

Before submitting a probate application, it's worth confirming each of the following:

• [ ] The original signed will is available (not just a copy)
• [ ] The affidavit of execution properly establishes the will was signed and witnessed correctly
• [ ] The asset inventory is complete, consistent, and reflects date-of-death values
• [ ] Anyone with equal or higher priority to apply has renounced or consented, if they're not applying themselves
• [ ] The deceased's name is consistent across the application, the will, and supporting documents — or discrepancies are explained
• [ ] Required notice has been given to beneficiaries and other entitled parties, with proof retained
• [ ] Whether a bond is required has been addressed, not overlooked
• [ ] Every form is internally consistent and properly signed

What Happens After a Requisition

A requisition isn't necessarily a serious problem — it's the registrar's way of asking for something specific to be corrected or clarified before the application can proceed. The practical cost is time: each requisition adds another round of preparing a response and waiting for it to be processed, on top of whatever the court's typical processing time already is for the application overall.

Why Getting It Right the First Time Matters

Beyond the delay itself, a rejected or requisitioned application can leave an estate in limbo for longer — bills unpaid, assets inaccessible, real property that can't be sold or transferred — at a time when families are often relying on the estate being settled promptly. A carefully prepared application, reviewed for these common issues before it's filed, is usually the fastest route through the process.

Frequently asked questions