Why Probate Is Slower in Some Ontario Courts Than Others

Executors often hear that probate takes weeks in one city and months in another. It is natural to wonder whether Toronto, Ottawa, Brampton or a smaller court is faster, and how to plan around it.

This article explains what Ontario publishes about timing, what tends to slow a file down, and how to build a realistic plan. It avoids ranking courts against each other, because current backlogs change and are best confirmed with the court or a lawyer.

What the official timeline says

Ontario states that probate applications are typically processed within 15 business days, and that it can take longer if documents are missing or a judge must decide an issue. Court staff check for other applications, objections and any more recent will.

That timeframe is a typical figure, not a promise for every court or every file. The better question is usually not which court is slow, but what in your file could make it slower.

Common reasons a file takes longer

Notice what is not on the list: your choice of courthouse. For most estates the filing location is fixed by where the deceased lived.

Steps that are in your control

• Complete the forms fully. Form 74A requires the total value of real property, personal property and the whole estate at date of death.
• Serve every beneficiary before filing, by email or by mail or courier to their last known address.
• Attach the original will to the correct affidavit, since it must be filed on paper even if the rest is emailed.
• For a small estate valued at $150,000 or less, send the signed application to everyone entitled to a share at least 30 days before filing, and confirm that on Form 74.1B.
• Use current forms. Forms 74A, 74B, 74B.1, 74J, 74.1A and 74.1B have an effective date of August 13, 2025.

If you file by email, you should receive a court file number by email within five business days. That is separate from the time it takes to review the application itself.

Planning beyond the certificate

Even a smooth application is only part of the timeline. Once the certificate is issued, you have 180 calendar days to file the Estate Information Return with the Ministry of Finance. Land sales or transfers may also involve registry statements and tax affidavits.

If the file involves a minor's interest, note that the Children's Lawyer must be served on an application to appoint an estate trustee where a minor has an interest, and approval may be required before selling estate real property for distribution. These steps take time, so build them into your plan.

Because banks and institutions may hold funds until they see the certificate, avoid committing to payment dates for beneficiaries until you have the certificate in hand.

What to do next

• Ask the court registry or a lawyer for current timing in the county where the deceased lived.
• Review your application against the document list before filing.
• Check whether a bond, renunciation or consent is needed.
• Identify minors or incapable beneficiaries early so service can be arranged.
• Set a calendar reminder for the 180-day Estate Information Return deadline once the certificate issues.
• Tell beneficiaries honestly that timing depends on the court and on any issues in the file.

Frequently asked questions