How Long Does Probate Take in Ontario, and Why Do Applications Get Returned?

If you are the estate trustee waiting on a Certificate of Appointment of Estate Trustee, the delay can be stressful.

This article explains how long the process usually takes, what tends to slow it down, and what happens if court staff send your application back. It does not cover making a will or calculating the tax in detail.

Typical processing times

A regular probate application in Ontario is usually processed within 15 business days. Processing takes longer if documents are missing or a judge must decide an issue.

For the simplified Small Estate Certificate process, applications are usually processed within five business days. That process is available for an estate valued at $150,000 or less.

For a Small Estate Certificate, the application must be sent to beneficiaries or their legal representatives 30 days before it is filed with the court. That wait is part of your overall timeline. These are typical times and not guarantees, and they can vary by courthouse.

What commonly slows an application down

• Missing documents. You need the original will and any codicils, proof of death, and the court forms.
• The wrong or incomplete forms. Depending on the case, you may need affidavits such as Form 74D, 74E or 74F, or renunciations or consents on Form 74G. Rule 74.04 lists the forms needed for each situation.
• No notice to beneficiaries. The applicant must send the signed application to the estate beneficiaries before filing.
• No notice to the Office of the Children's Lawyer or the Office of the Public Guardian and Trustee, where a beneficiary is a minor or an incapable adult and notice may be required.
• A missing bond. A bond is required when there is no will, when the applicant was not named as estate trustee in the will, or when the applicant lives outside Ontario, the rest of Canada and the Commonwealth.
• Hard copies not sent. An application can be emailed, but the original will, codicils, bonds and ancillary certificates must be filed in hard copy, and the tax payment must also be mailed, couriered or paid in person.

For a small estate, no bond is required unless a beneficiary is a minor or is incapable, and this is subject to the separate rule for non-resident applicants. If there is no will and a beneficiary is a minor or an incapable adult, a bond is needed unless the applicant is the deceased's spouse and has filed an affidavit asking the court to dispense with the bond, and a non-resident applicant still needs a bond.

When the court sends Form 74O or Form 74.1D

If an application is refused or returned, court staff send Form 74O, Registrar's Notice to Applicant, which gives the reason. For a refused small estate application, the notice is Form 74.1D, Registrar's Notice to Applicant.

If documents or information were missing, you can send revised or additional materials when staff ask for them. Read the reason carefully and fix exactly what it names.

Objections and review by a judge

If a beneficiary has filed a Notice of Objection (Form 75.1), the applicant must give notice to the objector (Form 75.3). If an issue needs a judge, a judge reviews the application and may make an order.

Estate litigation filings are handled differently. The email process for probate applications does not apply to them, and they are filed through the Civil Submissions Online portal.

These steps add time, and what happens next depends on the facts. A lawyer can help if an objection is filed.

The tax deposit and what to do next

The Estate Administration Tax is paid as a deposit when the application is filed. It becomes the tax once the certificate is issued. The Superior Court of Justice refunds the deposit only if no certificate has been issued.

• Check Rule 74.04 against the forms you filed.
• Confirm that notice went to every beneficiary and, where needed, the Children's Lawyer or the Public Guardian and Trustee.
• Confirm whether a bond is needed and whether it was filed.
• Send the original will, any bonds, and the tax payment in hard copy to the court location where you filed.
• Respond to any Form 74O or 74.1D promptly with the revised materials requested.
• Speak with a lawyer if there is an objection or a judge must decide an issue.

Frequently asked questions