Ontario Probate Application Checklist: Forms, Notice and Filing

If you are named as estate trustee in a will, the probate application is the paperwork that asks the court for a certificate of appointment. It looks like a lot of forms, but most of them follow a predictable pattern, and getting your documents complete the first time saves delays.

This article walks through the documents, the notice you have to give, the signing and filing steps, and what to expect once the application is in. It explains how the process generally works. Your estate may need extra steps, so a lawyer can confirm what applies to you.

The documents in the application package

Ontario guidance and Rule 74.04 describe the documents below. Use only the current forms from the Ontario Court Forms site, since the probate forms were renumbered from January 1, 2022.

• Form 74A, the application
• Form 74B, 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, or Form 74E if the will is altered or marked, or Form 74F if it is a holograph will, as needed
• Proof of death
• Renunciations and consents on Form 74G, where needed
• A bond on Form 74L or 74M, where one is required

Not every item applies to every estate. For example, the 74E, 74F and bond items are only needed in the situations described above.

Renunciations, consents and bonds

A renunciation is made on Form 74G (Part A), and a consent to someone else's appointment is made on Form 74G (Part B). Rule 74.04(1) requires renunciations from people entitled to act who are not joining the application.

A bond is generally not needed when you are named as estate trustee and live in Ontario. Ontario guidance says a bond is required if there is no will, if the applicant was not named as estate trustee, or if the applicant lives outside Ontario, another Canadian province or territory, or a Commonwealth country. Even then, the judge may reduce the bond or dispense with it.

If the will is handwritten and signed, a holograph will, proving it requires a Form 74F affidavit confirming the handwriting and signature are the deceased's. If a witness to a will has died or cannot be found, the court may require other evidence of due execution.

Who must be served before you file

The application must be served on every beneficiary, including charities and contingent beneficiaries. Ontario guidance says this must be done before filing with the court, by email or by mail or courier to each person's last known contact details. You then prove it with the Form 74B affidavit or the 74B.1 lawyer's certificate.

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 that person's interest must be included.

Signing, filing and paying the tax deposit

The application and affidavits must be signed before a Commissioner for taking affidavits, who must also sign them.

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.
• Original wills, codicils, administration bonds and certified copies must still be filed on paper, in person, by mail or by courier.
• The original will and any codicils must be attached as an exhibit to an affidavit.
• Estate administration tax payments must be made in person or sent by mail or courier to the court office.

The tax is paid as a deposit when the application is filed and becomes payable when the certificate is issued. The estate pays it, not you personally. For applications on or after January 1, 2020, no tax is payable on an estate worth $50,000 or less, and above that it is $15 for each $1,000 or part of $1,000 over $50,000. If your 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.

After you file: what to expect

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. If an application is refused, you receive a Registrar's Notice (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.

Once the certificate is issued, an Estate Information Return must be filed with the Ministry of Finance within 180 calendar days, even if no tax is payable. If you later learn the information is incomplete or inaccurate, an amended return must be filed within 60 days of becoming aware of it.

What to do next

• Confirm whether the will is witnessed or handwritten, and pick the matching affidavit form.
• List every beneficiary, including charities and contingent beneficiaries, with last known contact details.
• Check for minors, possible unborn beneficiaries and incapable adults, since each changes who must be served.
• Gather proof of death and the original will and any codicils.
• Work out the estate's value, with documents to support each figure, to calculate the tax deposit.
• Arrange a Commissioner for taking affidavits before you sign.
• Diarize the Estate Information Return deadline once the certificate issues.

If the estate has a holograph will, a missing witness, a beneficiary who is a child or incapable, or anyone disputing your role, speak with a lawyer before filing.

Frequently asked questions