How to Apply for Probate in Ontario With a Will: Forms and Filing

If you are named as executor in a will, you will often need a court document that confirms your authority before banks or land registries will deal with you. In Ontario, the estate normally has to be probated when the deceased owned real property or assets held by a financial institution, and an estate worth $150,000 or less can apply for a Small Estate Certificate, so it is worth checking whether the institution requires a certificate of appointment or a small estate certificate. This article walks through the application step by step.

The process is mostly paperwork, but the order matters: gather documents, sign them properly, serve the right people, then file. Forms were renumbered in 2022, so always download the current versions from ontariocourtforms.on.ca rather than using older copies.

Do you need probate at all?

If the deceased owned real property or assets held by a financial institution, the estate normally has to be probated, and it is wise to ask each institution whether it requires a certificate of appointment or a small estate certificate. Probate is not always required, though. Assets held jointly or with a designated beneficiary, such as an insurance policy or a joint bank account, pass according to how they are owned or designated.

The document checklist

The probate checklist under Rule 74.04 and Ontario guidance includes the following items.

• Form 74A, the application
• Form 74B, the affidavit of service, or Form 74B.1, a lawyer's certificate of service
• Form 74C, the draft certificate
• The original will and any codicils
• Form 74D (affidavit of execution), Form 74E (altered or marked will) or Form 74F (holograph will), as needed
• Proof of death
• Renunciations and consents on Form 74G
• A bond on Form 74L or 74M, where one is required

The application and affidavits must be signed before a Commissioner for taking affidavits, who must also sign them. The original will and any codicils must be attached as an exhibit to an affidavit.

Co-named executors who are not applying

Rule 74.04(1) requires renunciations from people who are entitled to act but are not joining the application. A renunciation is made on Form 74G (Part A), while a consent to someone else's appointment is made on Form 74G (Part B). An executor who renounces loses all rights as executor, and the estate then passes as though that person had never been named. Nobody has to act just because they are named, so a conversation with co-executors early on can save delays.

Who must be served before you file

The application must be served on every beneficiary, including charities and contingent beneficiaries. Ontario guidance says this is done before filing with the court, by email or by mail or courier to each person's last known contact details. Some beneficiaries need special handling.

When the Children's Lawyer or the Public Guardian and Trustee is served and there is a will, a statement of the estimated value of the person's interest must be included.

Where and how to file, and what it costs

File in the county or district where the deceased had a fixed place of abode. If the deceased had no fixed place of abode in Ontario, file where the property is located.

Probate applications may be filed with the Superior Court of Justice by email, but original wills, codicils, administration bonds and certified copies must still be filed on paper, in person, by mail or by courier. Estate administration tax payments must also be made in person or sent by mail or courier to the court office.

No tax is payable if the estate is worth $50,000 or less, and above that the tax is $15 for each $1,000 or part of $1,000 over $50,000 for applications made on or after January 1, 2020. The tax is paid as a deposit when you file, and the estate pays it, not you personally. If the deposit is based on an estimated value, you must undertake to file a sworn statement of the actual value and pay any additional tax within six months.

What happens next

Applications are typically processed within 15 business days. The registrar may ask for further information, and must refer applications that raise issues to a judge. A refused application receives a Registrar's Notice on Form 74O stating the reason, and missing documents can be supplied when court staff ask for them.

An approved certificate is issued electronically and sent by email unless you requested a paper certificate.

• Download current forms from ontariocourtforms.on.ca.
• Confirm who the beneficiaries are, including charities and minors, before preparing service.
• Arrange to sign affidavits before a Commissioner for taking affidavits.
• Ask a lawyer if the will is altered, handwritten, or a beneficiary is a minor or incapable.

Frequently asked questions