- A standard application needs Form 74A, proof of service on Form 74B or 74B.1, and a draft certificate on Form 74C.
- Other forms depend on the case, and Rule 74.04 lists the forms needed for each situation.
- Estates of $150,000 or less can use the simplified Small Estate Certificate process with its own forms.
Applying for probate in Ontario means working with a set of numbered court forms. Which ones you need depends on the will, the applicant and the size of the estate, and it is easy to feel lost in the numbering.
This guide walks through the main forms and what each is for, how the process generally runs, and what to do if the court sends your application back. It is general information, and a lawyer can confirm which forms fit your case.
What probate is and which route applies
Probate is the court procedure for giving someone authority to act as estate trustee, confirming the authority of a trustee named in a will, or approving a will as valid. In Ontario, the document the court issues is called a Certificate of Appointment of Estate Trustee.
Since April 1, 2021, an estate valued at $150,000 or less can use the simplified Small Estate Certificate process. Estates over that limit must apply for a Certificate of Appointment of Estate Trustee instead.
The core forms for a standard application
Along with the original will and any codicils, and proof of death such as a death certificate or court order, you need court forms.
| Form | What it is |
|---|---|
| Form 74A | The application, sworn before a Commissioner for Taking Affidavits |
| Form 74B or 74B.1 | Proof of service |
| Form 74C | The draft certificate |
Forms that depend on your situation
Depending on the case, you may also need additional documents. Rule 74.04 lists the forms needed for each situation.
- Form 74D, 74E or 74F: affidavits about the execution of the will, the condition of the will, or a handwritten will.
- Form 74L or 74M: bond forms.
- Form 74G: renunciations or consents.
A bond is required when the deceased died without a will, when the applicant was not named as estate trustee in the will, or when the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country. A judge can decide on a motion to waive it.
For a Small Estate Certificate, the forms are 74.1A (application), 74.1B (request to file) and 74.1C (draft certificate), plus an affidavit 74D, 74E or 74F as needed.
Completing and filing the forms
The forms ask for details that must match your documents, so work from the original will and the death certificate. Because Form 74A is sworn before a Commissioner for Taking Affidavits, ask the commissioner how to sign it.
- Before filing, send the signed application to the estate beneficiaries. Notice may also have to go to the Office of the Children's Lawyer or the Office of the Public Guardian and Trustee if a beneficiary is a minor or an incapable adult.
- For a Small Estate Certificate, the application must be sent to beneficiaries or their legal representatives 30 days before filing.
- File at the Superior Court of Justice in the county or district where the deceased lived at death.
- Applications can be filed by email, but the original will, codicils, bonds and ancillary certificates must be filed in hard copy, and the tax payment must be mailed, couriered or paid in person.
- Estate litigation documents are not filed this way. They go through the Civil Submissions Online portal.
Applications are usually processed within 15 business days, and longer if documents are missing or a judge must decide an issue. Small estate applications are usually processed within five business days.
If your application is refused and what to do next
If an application is refused, court staff send Form 74O, Registrar's Notice to Applicant, giving the reason. For a small estate application, the notice is Form 74.1D. 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 (Form 75.1), you must give notice to the objector (Form 75.3). If an issue needs a judge, a judge reviews the application and may make an order.
- Locate the original will, any codicils and the death certificate.
- Decide whether the estate fits the Small Estate Certificate route or needs a standard application.
- Check Rule 74.04 or ask a lawyer which extra forms your case needs.
- Prepare notice to beneficiaries before filing.
- Arrange the tax payment, payable to the 'Minister of Finance'.
Frequently asked questions
Which forms does everyone need?
A standard application needs Form 74A, proof of service on Form 74B or 74B.1, and a draft certificate on Form 74C. You also need the original will and any codicils, and proof of death.
Can I file probate documents by email?
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. The tax payment must also be mailed, couriered or paid in person there.
How long does it take?
Applications are usually processed within 15 business days, but it takes longer if documents are missing or a judge must decide an issue. Small estate applications are usually processed within five business days.
What if I find more assets after a small estate certificate is issued?
You can file Form 74.1E to get an Amended Small Estate Certificate (Form 74.1F), but only if the combined value stays at $150,000 or less.
Sources
- Ontario.ca – Apply for probate of an estate — ontario.ca
- Superior Court of Justice – Consolidated Civil Provincial Practice Direction — ontariocourts.ca
- Ontario.ca – Probate of a small estate — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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