Every document an Ontario probate application typically needs, and the extras that apply for real estate, a business, or an executor who can't act.
⚖️ This is general information, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
A probate application is really an assembly job: a will, an inventory, consents, and the court's own forms, all filed together with the estate administration tax. Missing one item is the most common reason an application comes back with a requisition, adding weeks to a process that already has its own pace. This checklist lists the documents nearly every application needs, then the ones that only apply in specific situations, real estate, a business interest, or an executor who cannot act, so nothing is assembled twice.
Every application needs
- The original will and any codicils — the court needs the actual document, not a copy, wherever one exists.
- A certified copy of the death certificate — confirms the date of death and identifies the deceased.
- An estate inventory valuing every asset as of the date of death — sets the estate administration tax and supports the application.
- Consents or renunciations from everyone with an equal or prior right to apply — shows the court that no one with a competing claim has been overlooked.
- The application and supporting forms under the Rules of Civil Procedure — the specific set depends on whether there is a will.
- Payment, or an accepted estimate, of the estate administration tax — due before the certificate is issued.
If the estate includes real estate
- A land registry title search — confirms exactly how the property is held and what is registered against it.
- A recent appraisal or assessment — supports the value used to calculate the tax.
If there's no will
- Proof of a diligent search — the application for an estate trustee without a will has to show one was actually made.
- Proof of relationship to the deceased — marriage and birth certificates supporting who has priority to apply and to inherit.
Other situations
- Corporate share certificates and the minute book, for a business interest — needed to value and later transfer private company shares.
- A signed renunciation from an executor who will not act — lets the next person entitled apply instead.
- Confirmation of the deceased's last residence, and any foreign or out-of-province grant — relevant where property or domicile crosses a border.
Common reasons an application is sent back
- An inventory that leaves out an asset or values it inconsistently — the registrar checks that the estate administration tax matches the inventory filed.
- A missing consent from someone with an equal or prior right to apply — even one overlooked person can hold up the whole file.
- An unclear or ambiguous will provision — the court may ask for clarification or evidence about which version of a document actually governs.
- A death certificate or will that doesn't match the name used elsewhere in the application — small inconsistencies in spelling or dates prompt questions and delay.
How Treadstone Law can help
A lawyer assembling the application will confirm exactly what a particular estate needs before filing, since a missing consent or an unclear inventory item is the most common cause of delay. This list is a starting point, not a promise that nothing else will be asked for.
Treadstone Law handles wills & estates matters on a transparent flat fee, with online intake and a real lawyer on your file, across Ontario.
- Start your file online at treadstonelaw.ca/start-file
- See flat-fee pricing at treadstonelaw.ca/pricing
- Learn more about our wills & estates services at treadstonelaw.ca/wills-estates
- Or call us: 1-844-900-1070
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.