Ontario Probate Forms Explained: Which Ones Do You File?

Searching for probate in Ontario usually leads to a wall of form numbers. Form 74A, 74B, 74B.1, 74C, 74D, 74E, 74F, 74G and more all appear in the same guidance, and it is not obvious which ones apply to your situation.

This article sorts the forms by situation: a will, no will, and a small estate. It is general information only. Whether a particular form is needed can turn on the facts of the estate, so a lawyer can confirm your list before you file.

Step one: which type of certificate are you applying for?

Probate is applied for in the Superior Court of Justice. If the estate is valued at up to $150,000, you apply for a Small Estate Certificate. Otherwise you apply for a Certificate of Appointment of Estate Trustee.

Probate is usually needed if the person who died owned real property, or held assets at a financial institution that requires it. The form set you use follows from the type of certificate, so settle the estate value first.

Current estate forms fall under Rules 74, 74.1 and 75. Several of them were amended under O. Reg. 72/25 to simplify the process. Forms 74A, 74B, 74B.1, 74J, 74.1A and 74.1B have an effective date of August 13, 2025, and Forms 74O and 74.1D have an effective date of May 26, 2025. If a guide uses different numbers, it may be out of date.

Forms for a regular application when there is a will

For a regular application you generally need the original will and any codicil, proof of death, and completed forms. The core forms are:

• Form 74A, the application, signed before a Commissioner for Taking Affidavits.
• Form 74B, the affidavit of service, or Form 74B.1, the lawyer's certificate of service.
• Form 74C, the draft certificate.
• A supporting affidavit where it applies: 74D for execution of the will, 74E for the condition of an altered will, or 74F for a holograph (handwritten) will.

Form 74A asks for the total value of the real property, the personal property and the whole estate at the date of death. Take that valuation seriously and keep your supporting records.

The original will must be attached as an exhibit to an affidavit of execution, an affidavit of condition or another permitted affidavit. Whether the will needs 74D, 74E or 74F depends on how it was signed and what condition it is in, which is a good question to put to a lawyer.

Extra forms that show up in particular situations

Some applications need more than the core set. Rule 74.04 lists the required forms for each situation. The possible extras include:

• A bond on Form 74L or 74M, or a motion to dispense with a bond.
• A renunciation on Form 74G, Part A. Whether one applies to your estate is worth confirming with a lawyer.
• A consent to appointment (Form 74G, Part B).
• Form 74J, an application for a certificate or confirmation of appointment, which is used where the appointment was made outside Ontario.

When there is no will

Without a will, the spouse or common-law partner has the first right to apply, followed by a close adult relative such as a child, parent, grandchild, sibling, nephew or niece. The court may choose the most appropriate person.

A bond is required if there is no will, if the applicant is not the named trustee, or if the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country. The bond is generally double the estate value unless a judge orders otherwise. With no will, the will affidavits (74D, 74E, 74F) do not come into play, but the bond forms usually do.

The small estate set, service and filing

For estates valued at $150,000 or less, the small estate process uses Form 74.1A (application), Form 74.1B (request to file) and Form 74.1C (draft certificate). A copy of the signed application must go to everyone entitled to a share at least 30 days before filing, and Form 74.1B must confirm that. Forms 74E and 74F are also used in this process for an altered will or a holograph will.

On a regular application, you must send a copy of the signed application to each estate beneficiary before filing, by email or by regular mail or courier to their last known address. If a minor or an incapable adult is involved, the Office of the Children's Lawyer and the Public Guardian and Trustee may also need to be served.

File in the county or district where the deceased lived. If they lived outside Ontario, file where they owned Ontario property. A refusal comes on Form 74O, or Form 74.1D for small estates, with reasons.

What to do next

• Work out the estate's total value at date of death, split between real and personal property.
• Decide whether the estate falls in the small estate group or the regular group.
• Locate the original will and any codicil, and check whether it is handwritten or marked up.
• Identify every beneficiary and any minors or incapable adults who must be served.
• Check whether a bond will be needed.
• Download the current versions of the forms from the Ontario court forms site.
• Get legal advice if the will is unusual, there is a dispute, or you are unsure which affidavit applies.

Frequently asked questions