Probate Application Documents Checklist for Ontario Estate Trustees

Applying for probate in Ontario means putting together a package of forms and supporting documents for the Superior Court of Justice. Missing one piece is a common reason an application comes back, so it helps to gather everything before you start.

This checklist walks through what the court generally expects, who has to be notified, and how filing works. Your own file may need more or less, so a lawyer can confirm what applies to your estate.

The core forms and documents

Ontario guidance and Rule 74.04 list the documents that make up a typical application for a certificate of appointment of estate trustee with a will.

The list above is the one set out in the Ontario guidance. Court forms are updated from time to time, so use only the current versions from the Ontario court forms website.

Proving the will was properly signed

For a typical will, the Form 74D affidavit of execution is how the court is shown that the will was signed correctly. A formally executed will is signed at its end by the testator, or by someone else in the testator's presence and at the testator's direction. The testator makes or acknowledges the signature in front of two or more witnesses present at the same time, and those witnesses sign in the testator's presence.

There are exceptions. A will can still be valid if the position of the signature makes it apparent on the face of the will that the testator intended it to give effect to the will. The Superior Court of Justice may also order valid a document that was not properly executed if it is satisfied the document sets out the deceased's testamentary intentions. This applies to deaths on or after January 1, 2022, and does not validate electronic wills.

• If the will was altered or has marks on it, Form 74E is used instead.
• If the will is a holograph will, written entirely in the testator's own handwriting and signed, it can be valid without witnesses. Rule 74.04(1)(d)(ii) then requires a Form 74F affidavit confirming the handwriting and signature are the deceased's.
• If a witness has died or cannot be found, the court may require other evidence that the will was properly signed.

Renunciations and consents

A person named as executor who does not want the job renounces on Form 74G (Part A), and a consent to someone else's appointment uses Form 74G (Part B). Rule 74.04(1) requires renunciations from people entitled to act who are not joining the application.

Where there is no will, the same rule requires consents on Form 74G from beneficiaries who together hold a majority interest in the value of the estate's assets at the date of death.

Serving beneficiaries, signing and filing

Rule 74.04(2) requires the application to be served on every beneficiary, including charities and contingent beneficiaries. Ontario guidance says this is done before filing, by email or by mail or courier to each person's last known contact details.

• Minor beneficiary: serve the minor's parent or guardian and also the Children's Lawyer.
• Possible unborn or unascertained beneficiaries: the Office of the Children's Lawyer should also be served.
• Mentally incapable adult: serve the guardian, the attorney, or the Public Guardian and Trustee, depending on who has authority.
• When the Children's Lawyer or the Public Guardian and Trustee is served and there is a will, include a statement of the estimated value of that person's interest.

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, or where the property is located if there was no fixed place of abode in Ontario.

The application 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, and the original will and any codicils are 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.

After you file

Applications are typically processed within 15 business days. The registrar may ask for more information, and must refer applications that raise issues to a judge. A refused application receives a Registrar's Notice (Form 74O) giving 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 asked for a paper one.

What to do next

• Locate the original will and any codicils, and keep them safe.
• Get proof of death.
• List every beneficiary, including charities, minors and incapable adults, and their contact details.
• Collect renunciations or consents on Form 74G where needed.
• Work out the estate's value for the tax deposit.
• Check whether a bond will be required.
• Book a Commissioner for taking affidavits to sign the documents.
• Ask a lawyer to review your documents if anything about the will or family is unusual.

Frequently asked questions