Who Gets Notice of a Probate Application in Ontario?

If you are applying to be estate trustee, one of the first practical questions is who has to be told. Relatives often wonder about children who are not in the will, a stepchild, or a beneficiary who is a minor or has dementia.

This article walks through the general Ontario rules on who must receive a copy of a probate application and how it can be sent. Whether a particular relative is entitled to a share depends on the will and the facts, so a lawyer should confirm your list before you file.

The starting point: everyone entitled to a share

Before filing, the applicant must send a copy of the signed application to each estate beneficiary, which Ontario describes as everyone entitled to a share. The copy may be sent by email to their last known address, or by regular mail or courier to their last known address.

The key word is entitled. Who is entitled depends on the will, or on the law if there is no will. A child who is not mentioned in a will may or may not have a claim to a share depending on the circumstances, and that is a legal question to put to a lawyer before you decide whom to leave off the list.

Special rules for children and incapable adults

For minors, one copy of the notice of application goes to the OCL even if there are several minor beneficiaries. The notice should list all the minors, their parents' or guardians' names and addresses, the approximate dollar value and percentage of each minor's share, and include a copy of the deceased's entire last will.

The OCL must be served on an application to appoint an estate trustee where a minor has an interest, and also on applications to pass accounts.

How to serve the Public Guardian and Trustee

Court documents can be served on the Public Guardian and Trustee by email at PGT-Legal-Documents@ontario.ca, in person, or by mail at 595 Bay Street, Suite 800, Toronto, Ontario M5G 2M6.

Proof of service goes to the court. The forms include an affidavit of service (Form 74B) or a lawyer's certificate of service (Form 74B.1). Keep your own records of what you sent, when and to whom.

Timing, objections and small estates

• For a small estate valued at $150,000 or less, the copy of the signed application must go to everyone entitled to a share at least 30 days before filing, and Form 74.1B must confirm that.
• Court staff check for other applications, objections and any more recent will.
• If an objection (Form 75.1) was filed, the applicant must serve Form 75.3 on the objector.
• A refusal comes as Form 74O with reasons.

Forms 74A, 74B, 74B.1 and 74.1A and 74.1B changed effective August 13, 2025. Use the current versions, because older form numbers apply only to older files.

Being served does not mean the OCL runs the estate. The OCL does not administer estates, act as estate trustee or guardian of property, or file tax returns for a child. Where there is no will and a child's share is over $35,000, the money is paid into court or to a court-appointed guardian of property; under $35,000 it can be paid to the parent the child lives with.

What to do next

• Read the will and list every person named in it, with their last known address.
• Think about who else may be entitled to a share, including children who are not in the will, and ask a lawyer to confirm.
• Note which people are minors or incapable adults, and who their parent, guardian or fiduciary is.
• Send the signed application by a method that leaves a record, such as email, courier or mail.
• Keep proof of service so the affidavit or certificate of service can be completed.

If you are unsure whether someone must be served, ask before filing. Missing someone can cause a refusal or delay, and a lawyer can help you build a complete list.

Frequently asked questions