Where wills are usually kept
Most wills are kept at home, with the lawyer who drafted them, or in a bank safety deposit box. Check desk drawers, filing cabinets and any fireproof box first, then ask whether the deceased used a particular law firm; many firms keep a will vault and will confirm, on proof of death, whether they hold one.
A safety deposit box registered only to the deceased is not automatically opened for family members. The bank generally needs to see the death certificate and confirmation of who has authority, sometimes a court order, before letting anyone in, which can delay finding a will kept there.
The Estate Registrar for Ontario
Ontario lawyers are not required to file a physical will with the government, but many voluntarily record that a will exists with the Estate Registrar for Ontario, part of the Ministry of the Attorney General. A search there can confirm a lawyer holds a will, though it does not hold the document itself and does not record every will made.
A search of the Estate Registrar is one tool among several, not a replacement for asking family, the deceased's accountant, and any law firm they used.
What makes a will valid
A valid Ontario will is signed by the testator and witnessed by two people present at the same time, neither of whom is a beneficiary or their spouse. A holograph will, entirely in the deceased's own handwriting and signed, needs no witnesses at all. The Succession Law Reform Act sets these requirements and the court's limited power to excuse a formality that was not followed.
More than one document can matter: a later will normally revokes an earlier one, but only to the extent they conflict, and multiple wills are sometimes used deliberately to separate assets that need probate from those that do not.
If no will can be found
If a thorough search turns up nothing, the estate is intestate and the Succession Law Reform Act decides who inherits and who has priority to apply to administer it, generally a spouse or the closest next of kin. That person applies for a Certificate of Appointment of Estate Trustee Without a Will rather than the version that names an executor.
Keep a record of where you searched. An estate trustee who administers as if there is no will, and a will later surfaces, can face real personal exposure for distributions already made.
Your steps
Who's involved
May hold the original in a will vault and can confirm its existence once shown proof of death.
Controls access to a safety deposit box and will require proof of death and authority before opening one.
Once found, the will names who has authority to act, subject to probate if the assets require it.
Documents you will need
Tools for this stage
Enter the date of death to see a typical order of steps through probate and administration. Every estate moves at its own pace; treat this as a guide, not a deadline.
QuizDoes this estate need probate?Six questions about the assets. The result is a plain read on whether the estate likely needs a Certificate of Appointment, and which route probably applies. It is a plain read, not a final answer; ask the specific institution too.
Questions people ask
Is there a central registry of every Ontario will?
No. The Estate Registrar for Ontario records, when a lawyer chooses to file a notice, that a will exists for a named person, but filing is voluntary and the registry does not hold the actual document. A search there is one step, not a complete answer.
What if we find two different wills?
Generally the most recent valid will governs, but only to the extent it conflicts with an earlier one; some earlier gifts can survive if the later will does not address them. Compare dates and wording carefully, and get legal advice before treating either as final.
Does a handwritten will count?
Yes, if it is entirely in the deceased's own handwriting and signed, no witnesses are required. A form filled in and signed but not entirely handwritten does not qualify as a holograph will and normally needs two witnesses instead.
What happens if we never find a will that we're sure existed?
After a genuine, documented search turns up nothing, the estate is usually administered as intestate. If a will later appears, distributions already made in good faith are not automatically undone, but the estate trustee's conduct during the search matters.
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Related centres
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Sources
General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.
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