How to Apply for Probate in Ontario: A Step-by-Step Overview

When someone dies leaving assets in their name alone, the people responsible for settling the estate often need to apply for probate — formally, a Certificate of Appointment of Estate Trustee — before they can do anything with those assets. Banks won't release funds. The land registry won't process a transfer. The process can feel opaque if you've never done it before.

This article walks through how to apply for probate in Ontario, from gathering documents to receiving certified copies of the certificate. Exact court forms and filing fees change — verify current requirements with the relevant Superior Court of Justice office or a lawyer before you file.

Before You File: Gather What You Need

The Will (or Confirmation There Is None)

If the deceased left a will, you need the original — not a copy. The original will is filed with the court and is not returned. If you cannot locate the original, there is a separate procedure (less common) for applying to prove a copy or reconstruct a lost will; this is more complicated and usually requires a lawyer.

If there is no will, you will be applying for a Certificate of Appointment of Estate Trustee Without a Will and you need documentation confirming the death and your relationship to the deceased.

The Death Certificate

You will need official copies of the death certificate issued by the Office of the Registrar General. Funeral homes typically assist with this. Order more certified copies than you think you need — each institution may want its own.

An Estate Value Calculation

The court requires an estimate of the value of assets flowing through the estate — the "estate value" for the purpose of calculating Estate Administration Tax. This includes:

• Real property at fair market value as of the date of death (get an appraisal or use a reliable estimate)
• Bank and investment accounts in the deceased's name alone (statements as of the date of death)
• Personal property — vehicles, art, jewellery, household contents at estimated fair market value
• Other assets, including shares in private companies (which may need a formal valuation)

Assets that pass outside the estate — joint tenancy property, named-beneficiary accounts, insurance — are generally excluded from the tax calculation. As of writing, verify the current exclusions with a lawyer or the Ministry of Finance, as rules can change.

Step 1: Prepare the Application Documents

Ontario courts use standard probate forms. The core documents in a typical application with a will include:

• Application (estate-specific court form for with-a-will applications)
• Affidavit(s) of Execution — sworn evidence from the witness(es) to the will confirming it was properly signed
• Affidavit of Applicant — sworn by the person applying, confirming facts about the deceased, the will, and the estate
• Bond or request to dispense with bond (in some cases the court requires the estate trustee to post a bond; this is more common in without-a-will applications or where beneficiaries are minors)
• Draft Certificate — the court checks your draft and, if satisfied, issues its own version

Form numbers and names are updated periodically by the Ministry of the Attorney General. Verify the current required forms at the relevant court office or at ontario.ca.

Step 2: Calculate and Pay Estate Administration Tax

The Estate Administration Tax must be paid — or secured — before the certificate is issued. The tax is calculated based on the value of the estate flowing through probate. The rate structure is set in Ontario regulation; as of writing verify the current rates at ServiceOntario or with a lawyer.

Payment is made to the court at filing. Keep receipts.

Step 3: File at the Superior Court of Justice

File your complete package — including the original will, all affidavits, the draft certificate, and tax payment — at the Superior Court of Justice office in the jurisdiction where the deceased was ordinarily resident at the time of death. Each court location has its own filing process and, increasingly, some courts accept filings by mail. Confirm the preferred method in advance.

Order multiple certified copies of the certificate when you file. Each bank, investment dealer, or other institution that holds estate assets will want its own certified copy, and some institutions retain the copy permanently. It costs far less to order extras upfront than to apply for more later.

Step 4: Court Review

A court registrar reviews the application for completeness. The court does not typically hold a hearing unless there is a deficiency or a contested matter. If the application is in order:

• The registrar issues the Certificate of Appointment of Estate Trustee.
• You receive the certified copies you requested.
• The court retains the original will on file permanently.

If there is a deficiency — a missing affidavit, a concern about the will's execution, or a question about the estate value — the court will contact the applicant (or their lawyer) to resolve it.

Step 5: After the Certificate Issues

Once you have the certificate in hand:

1. Present certified copies to each institution holding estate assets.
2. Open an estate bank account in the name of the estate (most banks require the certificate to do this).
3. Manage and liquidate estate assets in accordance with the will or intestacy rules.
4. Pay estate debts and taxes — including filing the deceased's final tax return and, where applicable, an estate T3 return.
5. Distribute to beneficiaries after debts and taxes are cleared.
6. File the Estate Information Return with the Ministry of Finance within the prescribed period after the certificate issues (as of writing — verify the current deadline).

Should You Apply Without a Lawyer?

There is no legal requirement to hire a lawyer to apply for probate. Some estates are simple enough for a capable person to handle without legal help. That said, errors in the application — an improperly sworn affidavit, a miscalculated estate value, a missing document — cause delays. And if the estate involves real property, a business interest, a disputed will, or beneficiaries who are minors or under disability, professional help reduces risk significantly.

Frequently asked questions