Which Court Do You File a Probate Application With in Ontario?

Once you decide to apply for a certificate of appointment, you need to know where to send it. In Ontario, probate applications go to the Superior Court of Justice, and the location depends on where the person lived.

This article explains how to choose the right court location, what documents belong in your application, and how filing by email works alongside the paper documents the court still needs, such as the original will, which must be filed on paper.

Choosing the right court location

The Estates Act sets the rule. You file in the county or district where the deceased had a fixed place of abode. If the deceased had no fixed place of abode in Ontario, you file where the property is located.

If you are not sure which location applies, for example because the person moved between homes, confirm it with the court office or a lawyer before filing.

Filing by email or on paper

Probate applications may be filed with the Superior Court of Justice by email. Some documents cannot be sent that way. Original wills, codicils, administration bonds and certified copies must still be filed on paper, in person, by mail or by courier.

The original will and any codicils must be attached as an exhibit to an affidavit. After the court approves the application, the certificate is issued electronically and sent by email unless you asked for a paper certificate. Estate administration tax payments must be made in person or sent by mail or courier to the court office.

What goes into the application package

• Form 74A application.
• Form 74B affidavit of service, or Form 74B.1 lawyer's certificate of service.
• Form 74C draft certificate.
• The original will and any codicils.
• Form 74D affidavit of execution, Form 74E for an altered or marked will, or Form 74F for a holograph will, as needed.
• Proof of death.
• Renunciations and consents on Form 74G, where they apply.
• A bond on Form 74L or 74M, where one is required.

The application and affidavits must be signed before a Commissioner for taking affidavits, who must also sign them.

Serving beneficiaries before you file

The application must be served on every beneficiary, including charities and contingent beneficiaries. Ontario guidance says this must be done before filing with the court, by email or by mail or courier to each person's last known contact details.

Special rules apply to some beneficiaries. If a beneficiary is a minor, service is required on the minor's parent or guardian and also on the Children's Lawyer. For a mentally incapable beneficiary, service is required on the guardian, the attorney, or the Public Guardian and Trustee, depending on who has authority.

What to do next

• Confirm where the deceased had a fixed place of abode, and so which court location applies.
• Collect the original will and any codicils, and keep them safe for paper filing.
• Prepare the forms and have them signed before a Commissioner for taking affidavits.
• Serve every beneficiary, then file the application by email and send the paper originals.
• Arrange to pay the estate administration tax deposit in person at the court office, or send it by mail or courier.

Applications are typically processed within 15 business days, and the registrar may ask for more information. If an application is refused, you receive a Registrar's Notice on Form 74O stating the reason, and missing documents can be supplied when court staff ask for them.

Frequently asked questions