Probate Application Checklist for Ontario: Forms and Documents

Applying for a certificate of appointment of estate trustee, usually called probate, involves several forms and supporting documents. Missing one is the most common reason an application stalls, so it helps to gather everything before you file.

This article walks through the usual checklist, who must be told, where to file and what to expect once your documents are in. Your situation may add or remove items, so treat it as a starting point.

The core forms and documents

The standard set of documents for an application with a will includes the following items.

• Form 74A, the application
• Form 74B affidavit of service, or Form 74B.1 lawyer's certificate of service
• Form 74C, the draft certificate
• The original will and any codicils
• Form 74D affidavit of execution, 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
• An administration bond on Form 74L or 74M, where one is required

Court forms are updated from time to time, so check that you are using the current versions from the Ontario Court Forms site rather than older copies you may find elsewhere.

Wills that need extra evidence

A will written entirely in the deceased's own handwriting and signed can be valid without witnesses. To prove one, you file a Form 74F affidavit confirming the handwriting and signature are the deceased's.

If a witness to a formal will has died or cannot be found, the court may require other evidence that the will was properly signed. If the will has been altered or marked, Form 74E is used.

A will, handwritten or not, is also valid if the position of the signature makes it apparent on the face of the will that the testator intended the signature to give effect to it.

Renunciations, consents and bonds

A renunciation is made on Form 74G (Part A), and a consent to someone else's appointment on Form 74G (Part B). Renunciations are required from people entitled to act who are not joining the application. Where there is no will, consents are needed from beneficiaries who together hold a majority interest in the value of the estate's assets at the date of death.

A bond is generally 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. Exceptions exist, for example for some small estates and for a surviving spouse in certain intestacies. Ask a lawyer whether one applies to you.

Notice, signing and filing

• Serve the application on every beneficiary, including charities and contingent beneficiaries, before filing.
• If a beneficiary is a minor, serve the parent or guardian and the Children's Lawyer.
• For a mentally incapable beneficiary, serve the guardian, the attorney, or the Public Guardian and Trustee, depending on who has authority.
• Sign the application and affidavits 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 none in Ontario, file where the property is located.

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. The original will must be attached as an exhibit to an affidavit.

Tax payment and next steps

Estate administration tax is paid as a deposit when you file. Payments must be made in person or sent by mail or courier to the court office. No tax is payable on an estate of $50,000 or less; above that the tax is $15 for each $1,000 or part of $1,000 over $50,000.

Applications are typically processed within 15 business days, and the registrar may ask for further information. 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 emailed unless you asked for a paper copy. An Estate Information Return is due within 180 calendar days after the certificate is issued, even if no tax is payable. Before filing, check every form against this list and have a lawyer review anything unusual.

Frequently asked questions