What Does an Estate Trustee Submit to Court for Probate in Ontario?

If you've been named as an estate trustee (formerly called executor) in a will, one of your first tasks is to apply to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee. Before the court will issue that certificate, it needs to see a specific package of documents. A missing or defective document causes the court to send a requisition — a request to fix the problem before proceeding — which delays everything.

This article explains what an estate trustee must submit to the Ontario probate court, document by document, so you can prepare a complete application the first time.

The Core Principle: Prove Three Things

Everything in the probate application package is aimed at satisfying the court of three things:

1. The will is valid (where there is one) — properly made, signed, and witnessed.
2. The deceased is dead — confirmed by documentary evidence.
3. The applicant has authority to act — they are the named estate trustee or, in an intestate estate, a person with legal standing to apply.

Every document in the package proves one or more of these points.

Document 1: The Original Will

For a with-a-will application, the estate trustee files the original will — not a copy, not a notarial copy, the physical original with the testator's own signature and the witnesses' signatures.

The original will is retained permanently by the court. The estate trustee should make high-quality certified copies before filing. After probate, the certified copy attached to the Certificate of Appointment becomes the operative document for dealing with institutions.

If the original will cannot be located, a separate procedure to prove a copy or reconstruct a lost will is available but significantly more complicated. It typically requires a court motion and a lawyer.

What the Court Checks About the Will

The registrar looks at the will for basic compliance: does it appear to be signed by the testator (the person making the will)? Is it witnessed by two people? Is there anything obviously irregular? The court does not conduct a deep legal analysis at this stage unless something flags a concern.

Document 2: The Affidavit(s) of Execution

An affidavit of execution is a sworn statement from one of the witnesses to the will. It confirms that:

• They were present when the testator signed the will.
• The testator appeared to be at least 18 years old and of sound mind.
• Both witnesses were present at the same time.
• The will was signed in the manner required by law.

If one witness is unavailable (has died, cannot be found), a court rule allows alternative evidence to be submitted — an affidavit from someone who can attest to the signatures, or other evidence. This situation is more complicated and a lawyer can help.

For small estate applications, simplified alternatives to the affidavit of execution may be available — check the current rules.

Document 3: The Affidavit of the Applicant

The estate trustee themselves must swear an affidavit (or affirmation) confirming key facts, including:

• Their full name and address.
• That the deceased died on the stated date.
• The deceased's last known address (to confirm which court location has jurisdiction).
• A description of who the deceased's next of kin are (the family tree at the date of death).
• A statement that the will submitted is the deceased's last valid will and that the estate trustee is not aware of a later will.
• The estimated gross value of the estate (for Estate Administration Tax purposes).

The affidavit must be sworn or affirmed before a Commissioner for Taking Oaths (most lawyers can do this) or a notary public.

Document 4: The Renunciation(s) of Any Prior Named Trustees

If the will names more than one estate trustee and one or more of them does not want to apply (or is unable to), the non-applying trustee must file a formal Renunciation — a document signed before a witness confirming they give up their right to act as estate trustee in this application. Without a renunciation, the court does not know why the other named trustee is not joining the application.

Document 5: The Draft Certificate

The applicant prepares a draft Certificate of Appointment of Estate Trustee in the form required by the court rules. The registrar reviews the draft and, if everything is in order, issues their own official version. Submitting a draft that does not comply with the required format causes a requisition.

Document 6: Evidence of the Estate Value and Payment of Estate Administration Tax

The application must include:

• A statement of the estimated estate value (organized by asset category).
• Payment of the Estate Administration Tax, calculated on the gross estate value at the rates set in Ontario regulation (verify current rates — they can change).

The estate trustee is responsible for ensuring the value is reasonably estimated. An Estate Information Return must also be filed with the Ministry of Finance within a prescribed period after the certificate issues; the court filing is not the end of the tax obligation.

Document 7: Notice to Persons with Prior Right (Without-a-Will Applications)

In applications without a will, where the applicant is not the person with the highest legal priority to administer the estate, the court requires evidence that people with higher priority have been served with notice and have consented to the application — or, where they have not, that the court is satisfied with the applicant's claim.

What the Court Does Not Require

• A complete accounting of the estate assets — the full inventory comes later.
• Tax returns or clearance certificates from CRA.
• Proof that beneficiaries have been notified at the time of filing (though notice to beneficiaries is a separate obligation — see the companion article).

Frequently asked questions