- A bond is required with a probate application if there is no will, if you are not the named estate trustee, or if you live outside Ontario, other Canadian provinces and territories, and Commonwealth countries.
- Unless a judge orders otherwise, the bond is for double the estate's value, and estates over $100,000 need two personal sureties.
- A bond can sometimes be dispensed with, either by the Estates Act itself or by a judge on a motion.
- The premium an insurer charges is set by the insurer, so the cost depends on who you ask and on the estate.
You have gathered the will, the death certificate and the asset list, and now the application package asks about a bond. Many people have never heard of one in this setting, and they worry it is an extra cost or a sign that something is wrong.
A bond is a standard form of protection for an estate, and it applies only in certain situations. This article explains when Ontario requires one, who can stand behind it, when it can be reduced or skipped, and what to think about on cost.
What a bond is and why the court asks for one
A bond, also called security, is a promise backed by a third party that the estate trustee will administer the estate properly. If the trustee mishandles the estate and it suffers a loss, the bond is there to help make the estate whole.
The court does not ask for a bond in every case. The rules focus on situations where the court has less comfort about the person applying, such as when the deceased left no will or when the applicant lives far away.
When a bond is required
A bond must be filed with a probate application in three situations.
- The deceased had no will.
- The deceased had a will, but you are not named in it as estate trustee.
- You do not live in Ontario, another Canadian province or territory, or a Commonwealth country.
The court rules reinforce this for estates without a will. The applicant must file a renunciation from every person entitled in priority or in equal right who has not joined the application, and a consent (Form 74H) from people who together hold a majority interest in the estate. The applicant must also provide any security that the Estates Act requires.
If there is no will, the Superior Court may commit administration to the spouse or common-law partner, to the next of kin, or to both, and may appoint someone else in special circumstances. Whoever is appointed will usually need to deal with the bond question.
Who can be a surety, and how large the bond is
Acceptable sureties are an insurer licensed in Ontario for surety and fidelity insurance, or personal sureties. The number of personal sureties depends on the size of the estate.
| Estate value | Personal sureties needed |
|---|---|
| Over $100,000 | Two |
| $100,000 or less | One |
A personal surety must be an adult Ontario resident with sufficient assets. A lawyer or a court registrar cannot be a personal surety. Unless a judge orders otherwise, the bond is for double the estate's value. The Estates Act likewise sets the bond penalty at double the amount sworn for the deceased's property.
There are two bond forms. Form 74L is used for an insurance or guarantee company, and Form 74M is used for personal sureties.
When a bond can be skipped or reduced
The Estates Act lists cases where no bond is required.
- The Government of Ontario and certain provincial bodies.
- An intestate administration granted to the surviving spouse where the net estate is within the preferential share and an affidavit of debts is filed.
- A small estate.
The small-estate exemption does not apply if a beneficiary is a minor or is incapable under the Substitute Decisions Act, 1992. If a minor is a beneficiary, you will also need to serve the Office of the Children's Lawyer when applying for the certificate.
Outside those listed cases, you can ask a judge to dispense with the bond by bringing a motion. The Estates Act allows a judge at any time, under special circumstances, to reduce the bond or dispense with it. What counts as special circumstances depends on the facts, so a lawyer can tell you whether a motion is realistic for your estate.
Thinking about the cost
The premium for a bond issued by an insurer is set by that insurer, and it is not a fixed government fee. Because the bond amount is tied to the estate's value, a larger estate means a larger bond. Insurers will also usually want to know about the applicant and the estate, so ask for a quote early.
Personal sureties may avoid a premium, but they take on real responsibility and must meet the requirements above. Choose people who understand what they are agreeing to.
What to do next
- Check whether any of the three bond triggers applies to you.
- Find out whether the estate fits one of the exemptions, and whether any beneficiary is a minor or incapable.
- Decide between an insurer (Form 74L) and personal sureties (Form 74M).
- If neither suits you, ask a lawyer whether a motion to dispense with the bond makes sense.
- Get insurer quotes before you file so the cost does not surprise you.
If the estate is complicated, family members disagree, or you are unsure who should apply, speak with an Ontario estates lawyer before filing.
Frequently asked questions
Do I need a bond if I am the executor named in the will?
Generally not for that reason alone. A bond is required if there is no will, if you are not the named estate trustee, or if you live outside Ontario, other Canadian provinces and territories, and Commonwealth countries. If none of these applies, a bond is not usually required.
Can I be my own surety?
A personal surety must be an adult Ontario resident with sufficient assets, and a lawyer or court registrar cannot act as one. Whether a particular person qualifies, including you, depends on the facts, so confirm with a lawyer before relying on someone.
How much is the bond for?
Unless a judge orders otherwise, the bond is for double the estate's value. That is the amount of the bond, not the amount you pay for it. The premium is set by the insurer.
Can a judge waive the bond?
Yes. A judge can decide that no bond is required, on a motion, and the Estates Act lets a judge reduce or dispense with a bond under special circumstances. Whether your situation qualifies depends on the facts.
Sources
- O. Reg. 709/21 amending the Rules of Civil Procedure (ontario.ca e-Laws) — Ontario e-Laws
- Estates Act (ontario.ca e-Laws) — Ontario e-Laws
- Ontario.ca – Apply for probate of an estate — ontario.ca
- Ontario.ca – Administering estates — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.