How to Search for a Will or Probate Record in Ontario

After a death, one of the first questions is simple but stressful: did the person leave a will, and has anyone already started the estate? Families often do not know. Sometimes the will is in a drawer, sometimes it is with a lawyer, and sometimes nobody can say for certain.

This article walks through the searches Ontario's government guidance describes, in a sensible order. It also explains what a court record can and cannot tell you, and what generally happens next whether or not a will is found.

Start with the people who may know

Ontario lists several ways to find a will. You can contact the deceased's lawyer, ask relatives or friends, search online will registries, or check court records at the Ontario courthouse nearest the deceased's home.

The people-based searches are usually the quickest and cost the least. Think about who the person trusted with their affairs: a family lawyer, an accountant, a financial advisor, a long-time friend, or the person they named as executor in conversation. A call to each of them is a reasonable first step.

Also look through the person's home and papers. Wills are often kept in a safe, a filing cabinet, a safety deposit box, or with other important documents such as insurance policies and property papers. A safety deposit box may have its own access rules at the bank, so ask the bank how it handles this after a death.

Searching court records

If the people you contact cannot help, court records are the next place to look. Ontario says you can check court records at the courthouse nearest the deceased's home. If the person did not live in Ontario, you contact the courthouse where they owned Ontario property.

Court records also answer a second question: whether someone has already applied to administer the estate. To check whether an estate trustee has already been appointed, you contact the court office where the deceased lived or held property. This matters because an application is filed with the Superior Court of Justice in the county or district where the deceased lived, or, if they lived outside Ontario, where they owned Ontario property.

Two practical points are worth knowing. Viewing a court file requires a fee. And older records are held elsewhere: the Archives of Ontario holds estate court files that were started before 1977.

Which search answers which question

A registry search or a court search that finds nothing does not always prove that no will exists. If you are unsure what a result means, a lawyer can explain it for your situation.

What happens once you know more

If a will is found, the person it names as estate trustee (the executor) usually applies for the court's authority to act. A named estate trustee is not required to act. If they decline or cannot act, beneficiaries may nominate someone else.

Probate asks the court to formally approve the will and confirm or grant authority to act. Ontario says that if the deceased owned real property or assets held by a financial institution, the estate normally has to be probated. Executors should check whether the institution requires a certificate before applying.

If no will is found, the rules for who can apply are different. Without a will, the spouse or common-law partner has first right to apply, followed by a close adult relative such as a child, parent, grandchild, sibling, nephew or niece. An intestate estate generally goes to the spouse and closest next-of-kin, and a common-law spouse does not inherit under the Succession Law Reform Act.

• The court appoints a trustee where there is no will, no named trustee, or the named trustee asks the court to confirm the will.
• Without a will, the court appoints a trustee as well.
• A surviving spouse who wants an equalization payment under the Family Law Act must file the Election of Surviving Spouse no later than six months from the date of death.

What to do next

• Write down the deceased's full legal name, date of death, last address and any other places they owned property.
• Contact their lawyer, relatives and close friends to ask about a will.
• Search online will registries and check the home and any safe or safety deposit box.
• Contact the court office where they lived or held property to ask whether an estate trustee has been appointed.
• If the person lived outside Ontario but owned Ontario property, contact the courthouse where that property is.
• Keep a record of who you contacted and what they said.
• Speak to a lawyer before distributing anything or applying, especially if family members disagree or the results are unclear.

Frequently asked questions