How to Search for Probate Records and Estate Files in Ontario

You may be trying to find out whether a relative's estate went through probate, or you may want to see a will that was filed with the court. Either way, the first job is working out where the paper would be and whether it exists at all.

This article explains how probate files come to exist in Ontario, where they are kept, what they usually contain, and why a search sometimes comes up empty. How you go about looking for a particular file depends on your situation, so it is worth confirming the next steps with a lawyer.

Start by asking whether probate was needed

In Ontario, probate is the court procedure that gives someone authority to act as estate trustee, confirms the authority of a trustee named in a will, or approves a will as valid. The document the court issues is called a Certificate of Appointment of Estate Trustee.

Probate is not always required. An estate normally must be probated if the deceased owned real property, or assets held by a financial institution, in their own name. If the assets passed another way, there may be no court file to find.

• Land held jointly by a surviving joint tenant is taken by survivorship through a registration at the land registry, and no estate certificate is needed.
• In some land registry situations, a transmission can be registered without a certificate if the applicant states the total estate value is not more than $50,000, although that is an older bulletin and current practice should be confirmed.
• Estates valued at $150,000 or less can use the simplified Small Estate Certificate process, and the application must be sent to beneficiaries or their legal representatives 30 days before it is filed with the court.

Where the court file would be

A probate application is filed at the Superior Court of Justice in the county or district where the deceased lived at the time of death. If the deceased lived outside Ontario, it is filed where they owned Ontario property. That location is where you would normally begin looking.

Applications can be filed by email, but the original will, codicils, bonds and ancillary certificates must be filed in hard copy at the court location where the application was filed. So if the original will was filed, it was filed in hard copy at that same court location.

Documents filed in estate litigation are handled differently. They are filed like other civil litigation documents through the Civil Submissions Online portal rather than the probate email process. If the estate was disputed, there may be a separate litigation file as well as the estate file.

What an estate file may contain

What is in a file depends on the kind of application. A typical one includes the original will and any codicils, proof of death, and court forms such as Form 74A (the application), Form 74B or 74B.1 (proof of service) and Form 74C (the draft certificate).

Depending on the case, there may also be affidavits about how the will was signed or its condition, bond forms, and renunciations or consents. If an application was refused, the file may include Form 74O, the Registrar's Notice to Applicant, giving the reason. A beneficiary's objection is made on Form 75.1.

Why a search can come up empty

A missing result does not always mean something is wrong. There are several ordinary explanations.

• No application was made because probate was not required.
• The application was filed in a different county or district from the one you searched.
• The application was refused or returned and has not yet been resolved.
• The estate is worth $150,000 or less and the application is still in the 30-day period when it must be sent to beneficiaries before it is filed with the court.
• The person lived outside Ontario, in which case the file is where they owned Ontario property rather than where they lived.

The Estate Information Return is a separate filing with the Ministry of Finance, due within 180 calendar days after the certificate is issued. It is not part of the court application, so do not assume it will be in the court file.

What to do next

• Find the deceased's full legal name, date of death and last home address, since these point to the right court location.
• Confirm whether they owned land or accounts in their own name, which would suggest probate was needed.
• Note the county or district where they lived, since an application would normally have been filed at the Superior Court of Justice there.
• Check land registry records if you are looking for property that may have passed to a survivor or an estate trustee.
• If you believe a will exists but cannot find it, or you are concerned about a filing, speak with a lawyer about your options.

Your right to see a particular document can depend on who you are and what the file contains, so a lawyer can confirm what applies to you.

Frequently asked questions