Documents Needed to Apply for Probate in Ontario: A Checklist

Before you apply for probate, it helps to gather everything in one place. Missing papers are a common reason an application is slowed down, and a refusal can come back with reasons that you then need to fix.

This checklist walks through the papers an Ontario executor typically needs: the original documents, the court forms, the asset information and the proof that beneficiaries were told. Your estate may need more or fewer items, so a lawyer can confirm what applies.

First, which application applies

Probate is applied for in the Superior Court of Justice. If the estate is valued at up to $150,000 you apply for a Small Estate Certificate, and otherwise for a Certificate of Appointment of Estate Trustee. Probate is usually needed if the deceased owned real property or held assets at a financial institution that requires it.

The forms differ between the two routes, so confirm the estate's value first.

Original documents

• The deceased's original will and any codicil.
• Proof of death, which is a death certificate from a funeral director or the Registrar General, or a court order.
• Supporting affidavits where they apply: Form 74D for execution, Form 74E for the condition of an altered will, or Form 74F for a holograph will.
• Any bond, renunciation or consent to appointment if your situation needs one.

The original will must be attached as an exhibit to an affidavit of execution, affidavit of condition or other permitted affidavit. For a small estate, Form 74E is used if the will was altered or marked in some way, and Form 74F attests to the handwriting and signature of a holograph (handwritten) will.

Court forms

Forms 74A, 74B, 74B.1, 74J, 74.1A and 74.1B have an effective date of August 13, 2025 under O. Reg. 72/25, so make sure you use current versions. Rule 74.04 lists the required forms for each situation.

Information about the estate

Form 74A requires the total value of real property, personal property and the whole estate at date of death. Collect statements, property records and account balances as of that date.

Estate Administration Tax is calculated on that value, rounded up to the nearest $1,000. There is no tax on an estate valued at $50,000 or less, and over $50,000 the tax is $15 per $1,000. Some assets, such as jointly owned assets passing to the surviving owner and RRSPs or TFSAs with a named beneficiary, pass outside the estate and are excluded from that value. Funeral expenses, credit card debt and lawyer fees are not deductible, while mortgages and liens can be deducted from real property.

Notice to beneficiaries and filing

Before filing, send a copy of the signed application to each estate beneficiary by email to their last known address, or by regular mail or courier to their last known address. For small estates this must happen at least 30 days before filing. Minors or incapable adults may require service on the Office of the Children's Lawyer and the Public Guardian and Trustee.

File in the county or district where the deceased lived. Emailed applications need a completed Estates Certificate Probate Information Form, each email must be under 35 MB, and PDFs must contain one court form each. Originals of the will, codicils and bonds must still be filed on paper at the court location. Estate Administration Tax must be paid in person or sent by mail or courier.

What to do next

• Order death certificates and locate the original will and any codicils.
• List every asset and debt with values at date of death.
• Decide whether the estate is under or over $150,000.
• Check whether a bond is needed, for example if there is no will or the applicant is not the named trustee.
• Prepare the forms and have Form 74A signed before a Commissioner for Taking Affidavits.
• Send the signed application to beneficiaries and keep proof.
• Ask a lawyer to review your application documents if anything is unusual.

Frequently asked questions