How to Locate a Will and the Deceased's Assets in Ontario

When someone you love passes away, the days that follow are emotionally exhausting. Yet family members are often thrust almost immediately into a practical problem: figuring out how to locate a will and assets after death in Ontario so the estate can be administered properly. Knowing where to look — and in what order — can save weeks of frustration and prevent costly mistakes.

This guide walks through the key steps an estate trustee (executor) or family member should take in Ontario. It is not a substitute for legal advice, but it will give you a clear map of the process.

Step 1: Search for the Original Will

The original will — not a photocopy — is what courts and financial institutions need. Start your search in the most obvious places before reaching out to professionals.

Common places a will may be stored

• Home safe or filing cabinet. Check any locked box, filing cabinet, or fireproof safe in the deceased's home. Look for an envelope labelled "Last Will and Testament" or simply "Will."
• Safety deposit box. The deceased may have rented a box at their bank or credit union. The bank will usually allow the next of kin to access the box solely to search for a will or insurance policy — ask the branch manager about their specific procedure.
• Lawyer's office. Many Ontario lawyers keep the original will in their client files for safekeeping and give the client a copy to keep at home. If you know which lawyer the deceased used, contact that office. The law firm has an obligation to release the will to the rightful beneficiaries or executor.
• Land Registry Office. Although uncommon today, older wills were sometimes deposited with the Ontario Land Registry. This is worth checking if the deceased owned real property for many decades and had an old-fashioned estate plan.

The Law Society of Ontario Will Search

If you cannot find the will through personal records, the Law Society of Ontario (LSO) Estates System (formerly called the "Notice of Filing of Will" service) allows you to search for wills that have been registered. Lawyers who hold a will on deposit can register a notice there. The service does not hold the actual will — it points you to the lawyer who does. There is a fee for this search (verify the current amount with the LSO directly), and you will typically need a copy of the death certificate.

What if no will is found?

If no valid will exists, the estate is said to be "intestate." Ontario's Succession Law Reform Act sets out who inherits in that situation, prioritizing the spouse, then children, and so on through the family tree. Intestacy can complicate administration significantly, especially if the family structure is blended or there are minor children. A lawyer can help you understand how the intestacy rules apply to your specific situation.

Step 2: Identify and Document All Assets

Before any assets can be distributed, you need a complete picture of what the estate owns. Work through each category systematically, and write everything down.

Bank and financial accounts

Contact each bank or credit union where the deceased held accounts. You will need the death certificate and, in most cases, evidence that you are the estate trustee (executor). Ask about:

• Chequing and savings accounts
• Guaranteed Investment Certificates (GICs)
• Lines of credit (these are liabilities — see below)

Investment and brokerage accounts

Non-registered investment accounts held at a brokerage or investment dealer must be valued as of the date of death for income tax purposes. Gather the most recent statements and contact the advisor or firm.

Registered accounts (RRSPs, TFSAs, RRIFs, and pensions)

Registered accounts have named beneficiaries in most cases and may pass outside the estate entirely. However, if the estate is the beneficiary — or no beneficiary was named — these accounts form part of the estate. Registered accounts also trigger income tax on death in some circumstances. Speak with an accountant to understand the tax treatment; this is a complex area where professional tax advice is essential.

Real property

Run a search at the Ontario Land Registry Office (accessible online through Teraview or in person at a ServiceOntario location) to identify any real estate registered in the deceased's name. This search will also show existing mortgages, liens, or easements attached to the property.

Vehicles

Check the deceased's records for vehicle ownership and insurance documents. Ownership can be confirmed through ServiceOntario if needed.

Digital assets

Online accounts, cryptocurrency wallets, domain names, and digital storefronts have real monetary value and are easily overlooked. Search the deceased's email history and password manager (if accessible) for accounts. Ontario's estate laws are still evolving in this area, so prompt legal advice is worthwhile.

Business interests

If the deceased owned shares in a corporation or had a partnership interest, those interests form part of the estate. Corporate records, shareholder agreements, and any buy-sell provisions will all need to be reviewed.

Step 3: Identify All Liabilities

Assets and liabilities must both be documented. Common liabilities include:

• Mortgages (shown on the land registry search)
• Credit card balances (review recent statements and credit bureau records)
• Personal loans or lines of credit
• Canada Revenue Agency (CRA) obligations — the estate must file a final T1 return, and there may be other tax accounts outstanding

Work with an accountant to identify any outstanding tax obligations, including HST if the deceased ran a business. The estate cannot be fully distributed until all valid debts and taxes are paid.

Step 4: Create a Written Asset and Liability Inventory

Before making any distributions to beneficiaries, compile everything you have found into a written inventory. This document should list:

• Each asset with an estimated date-of-death value
• Each liability with the balance owing
• The source of information for each entry

This inventory protects you as estate trustee, gives beneficiaries a clear account of the estate, and is essential information for the lawyer and accountant assisting you.

Step 5: Determine Whether Probate Is Required

In Ontario, probate is called the Certificate of Appointment of Estate Trustee and is granted by the court. Many financial institutions and land registries will not allow assets to be transferred without it, because the certificate confirms that the will is valid and that you have legal authority to act.

Not every estate needs probate. Small accounts, jointly held property, and assets with a named beneficiary often pass without it. However, if the estate includes real property in the deceased's name alone, or if any institution requires the certificate, you will need to apply to the court. Probate also involves paying Estate Administration Tax (as of writing — verify the current rate) based on the value of the assets flowing through the estate.

Frequently asked questions