How Long Does the Certificate of Appointment Take in Ontario?

You have filed your application for a Certificate of Appointment of Estate Trustee, and now nothing seems to be happening. Banks and land registry offices are asking for the certificate, beneficiaries are asking questions, and you cannot do much until the court responds.

This article explains the usual processing time, the common reasons for delay, and what you can sensibly do while you wait. Every estate is different, so treat the timelines below as general guidance.

The usual processing time

In Ontario, the court document many people call probate is formally the Certificate of Appointment of Estate Trustee. Applications are usually processed within 15 business days. That is a typical time, not a promise, and it can vary from one courthouse to another.

If the estate qualifies for the simplified Small Estate Certificate process, applications are usually processed within five business days. That process is available for estates valued at $150,000 or less. Estates that exceed that limit must apply for a Certificate of Appointment of Estate Trustee instead.

Why an application can take longer

Processing takes longer if documents are missing or if a judge must decide an issue. The list below covers paperwork gaps that are worth checking.

• The original will or codicils have not reached the court. Originals, along with bonds and ancillary certificates, must be filed in hard copy even when the application itself is emailed.
• The Estate Administration Tax payment has not arrived. Payment must be mailed, couriered or made in person at the court location where you filed.
• A required form or affidavit is missing. Depending on the case, this can include Form 74D, 74E or 74F, or a renunciation or consent on Form 74G.
• A bond is required but has not been supplied. A bond is needed in situations such as a death without a will, or an applicant who is not named as estate trustee in the will.
• Notice to beneficiaries was not given. The signed application must be sent to the beneficiaries before filing.

If your application is refused or returned

Court staff send a Form 74O, Registrar's Notice to Applicant, that gives the reason the application was refused. If documents or information were missing, you can send revised or additional materials when staff ask for them.

If a beneficiary has filed a Notice of Objection on Form 75.1, you must give notice to the objector on Form 75.3. If an issue needs a judge, a judge reviews the application and may make an order. For a refused small estate application, the notice is Form 74.1D.

If there is a dispute about the will itself, the court can appoint an administrator while the action is pending. Ontario calls this person an estate trustee during litigation, and that person has general powers except distributing the residue and is under the court's direct control. Filings in estate litigation are made through the Civil Submissions Online portal, not through the email process for probate applications.

What you can and cannot do while you wait

Until the certificate is issued, you do not yet have the document that others usually ask for. Land registry staff accept a certificate of appointment of estate trustee as proof of an estate trustee's authority to deal with a deceased owner's land. There are exceptions. A surviving joint tenant takes the property by registering a survivorship application, and no estate certificate is needed. Older land registry guidance also allows a transmission to be registered without a certificate where the applicant states the total estate value is not more than $50,000, with a covenant to indemnify the Land Titles Assurance Fund. Because that guidance is older, current land registry practice is worth confirming before you rely on it. For the first dealing after a property was converted from the Registry system to Land Titles, the land registrar may waive the certificate. Whether any of these applies to you depends on the facts, so it is worth confirming with a lawyer. Financial institutions commonly ask for a certificate too, though their requirements are their own policies and vary.

There is still useful work you can do. Once the certificate is issued, the job includes winding up the deceased's affairs, paying taxes, bills and other debts, collecting the assets and distributing the residue. You can gather account statements and appraisals now. Asset values must be supported by documents such as account statements or an appraiser's opinion, and the Estate Information Return, which lists each asset and its value on the date of death, is due within 180 calendar days after the certificate is issued.

What to do next

• Note the date you filed and the court location where you filed.
• Confirm that the original will, any bonds and the tax payment were delivered in hard copy as required.
• Check whether the court has sent any request for revised or additional materials, and respond promptly.
• Contact the court office if the usual time has clearly passed with no word, and ask what is outstanding.
• Start collecting asset values and statements for the Estate Information Return.
• If a beneficiary objects or the court refuses the application, speak with a lawyer about next steps.

Frequently asked questions