When someone close to you dies, you often need legal authority before you can touch their bank accounts, sell their home, or pay their debts. In Ontario, that authority comes from a probate application. You file it with the Superior Court of Justice, and when the court approves it, you receive a certificate that proves you have the right to manage the estate.
This guide walks you through what a probate application is, when you need one, and how to fill out and file it step by step. You will also see how an experienced estate lawyer can take the paperwork off your hands.
What Is a Probate Application in Ontario?
A probate application is your formal request for court authority over a deceased person’s estate. Ontario law calls the result a Certificate of Appointment of Estate Trustee. Older paperwork used the terms letters probate and letters of administration. They all describe the same thing.
The certificate does two jobs. It confirms that the will is valid, and it confirms that you have the legal right to act as estate trustee. Banks, the land registry, and other institutions rely on it before they release money or transfer property. Without it, most of them will not deal with you. You can read the government overview on the Ontario probate page.
An estate trustee is the person who collects the assets, pays the debts and taxes, and gives what is left to the beneficiaries. You may know this role by the older word executor. In Ontario, estate trustee is the legal term, and the two words mean the same thing in practice.
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Do You Need to File a Probate Application?
Not every estate needs probate. The type of assets usually decides the question. If the deceased owned real estate that does not pass automatically to someone else, or held money at a bank that wants proof of your authority, you will likely need to apply.
You generally need to file a probate application when one of these situations applies.
- The deceased owned real property that does not pass to another person by right of survivorship.
- A bank or investment firm wants proof of your legal authority before it releases funds.
- The estate includes real property that has to be sold.
- The will does not name an estate trustee, or there is no will at all.
- Someone disputes who should act, or questions whether the will is valid.
- A beneficiary cannot give legal consent, for example a minor or an adult who lacks capacity.
Before you start, ask the bank or institution holding the assets whether they actually require a certificate. Some small accounts release without one. A short phone call can save you weeks of work.
Which Probate Stream Applies to You?
Ontario offers two streams, and the value of the estate decides which one you use. If the estate is worth $150,000 or less, you can use the simplified small estate process and apply for a Small Estate Certificate. If the estate is worth more than $150,000, you apply for a Certificate of Appointment of Estate Trustee through the regular process. The small estate stream opened on April 1, 2021. It uses shorter forms and a faster review. You can compare both on the small estate probate page.
Read our article about How Long Does It Take to Receive Inheritance from a Will in Probate? for more information on durations of the entire cycle.
| What to compare | Small Estate Certificate | Certificate of Appointment of Estate Trustee |
| Estate value | $150,000 or less | More than $150,000 |
| Main application form | Form 74.1A | Form 74A |
| Extra filing form | Request to File, Form 74.1B | Draft certificate, Form 74C |
| Service on beneficiaries | At least 30 days before filing | Before filing |
| Typical court review | 5 business days or more | 15 business days or more |
| Estate Administration Tax | None up to $50,000, then $15 per $1,000 | None up to $50,000, then $15 per $1,000 |
Who Can Apply for Probate?
If there is a will, the person named as estate trustee normally applies. That person can step aside and let someone else apply by signing a renunciation.
If there is no will, the law sets the order. The spouse or common law partner usually has the first right to apply. After that, a close adult relative can apply, such as a child, parent, grandchild, sibling, or niece or nephew. When the court has to choose, it appoints the person it considers most appropriate. Ontario’s Succession Law Reform Act decides who inherits when there is no will, and that order guides who may apply.
You usually need to live in Ontario to apply without extra steps. If you live outside Canada and the Commonwealth, the court will normally require you to post a bond.
How to Fill Out and File Your Probate Application
Step 1. Gather the core documents
Start by collecting what the court needs to see. You cannot complete the forms without these in front of you.
- The original will, plus any codicil that changes it. The court wants the original, not a copy.
- Proof of death, which can be a funeral director’s statement of death or an Ontario death certificate.
- A list of the deceased’s assets and their values at the date of death.
- The full names and addresses of the beneficiaries.
If you cannot find the original will, search the deceased’s home, safety deposit box, and lawyer’s office before you go any further.
Step 2. Complete the right court forms
The forms depend on whether there is a will and which stream you use. You complete them, but you do not create them. Ontario publishes standard estate court forms, and you fill in the blanks. For a regular application with a will, you generally complete the forms below.
| Form | What it does |
| Form 74A | The application itself, listing the deceased, the assets, and the beneficiaries |
| Form 74C | The draft certificate the court will issue if it approves your application |
| Form 74D | Affidavit of Execution of Will, sworn by a witness to the will |
| Form 74B | Affidavit of Service, proving you sent the application to the beneficiaries |
| Form 74G | Renunciation or consent, used when an entitled person steps aside or agrees to your appointment |
If the will is handwritten with no witnesses, you use Form 74F instead of Form 74D. For a small estate, you use Form 74.1A for the application and Form 74.1B to request filing. Court staff can point you to the forms, but they cannot give legal advice or tell you how to fill them out, so read the instructions closely or ask a lawyer.
Step 3. Value the estate and calculate the Estate Administration Tax
List the value of everything the deceased owned at the date of death. This includes real estate in Ontario less any mortgage, bank accounts, investments, vehicles, and personal belongings. It does not include assets that pass directly to a named beneficiary, such as some life insurance, or property owned jointly that passes to the survivor.
The estate pays an Estate Administration Tax based on that value. You pay nothing on the first $50,000. Above that, you pay $15 for every $1,000 of value, and the total is rounded up to the nearest $1,000. The estate pays the tax, not you personally. The Estate Administration Tax page has the full rules. Here is how the tax works at a few estate values.
| Estate value | Estate Administration Tax |
| $50,000 | $0 |
| $150,000 | $1,500 |
| $240,000 | $2,850 |
| $500,000 | $6,750 |
| $1,000,000 | $14,250 |
Step 4. Swear your documents before a commissioner
The application and the affidavits are sworn documents. You must sign them in front of a commissioner for taking affidavits, who also signs. A lawyer is a commissioner, and many offices, including ours, offer commissioner of oaths services. Sign the copy you serve on the beneficiaries in front of the commissioner as well, because the court expects the served version to be commissioned.
Step 5. Serve the beneficiaries
Before you file, send a copy of the application to everyone entitled to a share of the estate. You can send it by email, by mail, or by courier to the person’s last known address. Keep proof that you sent it, because you will swear an affidavit of service.
For the small estate stream, you must serve the beneficiaries at least 30 days before you file. If a minor or an adult who lacks capacity is a beneficiary, you may also need to serve the Office of the Children’s Lawyer or the Office of the Public Guardian and Trustee.
Step 6. File with the court and pay the tax
File your package with the Superior Court of Justice in the county or district where the deceased lived at the time of death. If the deceased lived outside Ontario, file where they owned Ontario property. You can file by email, by mail, or in person.
Pay the Estate Administration Tax when you file. The court accepts certified cheque, money order, bank draft, a lawyer’s trust cheque, and debit where available. Make cheques payable to the Minister of Finance. The payment starts as a deposit and becomes the tax once your certificate is issued.
Step 7. Receive your certificate
Court staff review your package, search the records for competing applications and objections, and check for a more recent will. If everything is in order, the court issues your certificate. A small estate application usually takes about five business days, and a regular application about fifteen business days. Busy court locations can take longer, so build in extra time.
Step 8. File the Estate Information Return within 180 days
Your job is not finished when the certificate arrives. Within 180 calendar days, you must file an Estate Information Return with the Ministry of Finance. It reports the value of the estate at the date of death. Since March 3, 2025, you file it through the Ministry of Finance online service rather than the old fillable form.
Take this deadline seriously. If you file late or report false information, the estate can face a fine of at least $1,000, and the penalty can climb to twice the tax owing, with the possibility of imprisonment. Keep your supporting records for four years.
Do You Need an Estate Administration Bond?
A bond is a financial guarantee that you will carry out your duties honestly. If you fail, the guarantor covers the loss to the estate. The court usually requires a bond when the deceased died without a will, when you are not the estate trustee named in the will, or when you live outside Canada and the Commonwealth.
The bond is normally set at double the value of the estate. You can ask a judge to waive it, and the court often does when the beneficiaries are adults who consent. Preparing that motion takes care, so many people ask a lawyer to handle it.
What Happens If the Court Refuses Your Application?
If something is missing or a problem turns up in the record search, court staff send you a Registrar’s Notice that explains the reason. You then fix the issue. If you simply forgot a document, you send the missing material. If a beneficiary filed an objection, you must respond and serve the objector before the court will move forward. Some issues go to a judge for a decision.
How Long Does a Probate Application Take?
The time to prepare probate application depends on the estate, and most of the wait happens before the court ever sees your file. It helps to think of the timeline in three parts.
First comes preparation. Gathering the original will, getting proof of death, pulling account balances, and valuing real estate can take anywhere from a couple of weeks to a couple of months. A home that needs an appraisal, assets in another country, or a business interest will stretch this stage out.
How a Lawyer Can Help With Your Probate Application
You are allowed to apply for probate on your own, and many people do. But the forms are unforgiving, the tax math has to be right, and a single mistake can mean weeks of delay or personal liability. A 2024 national survey found that only 43 percent of Canadians had a will, which means a large share of estates reach the court with gaps that slow probate down. An experienced wills and estates lawyer keeps your application moving.
Here is how the experienced lawyers at Insight Law Professional Corporation help.
- Confirm whether you even need probate before you spend time on it.
- Identify the right stream and prepare every form correctly the first time.
- Value the estate properly and calculate the Estate Administration Tax.
- Commission your documents and serve the beneficiaries the right way.
- Bring a motion to waive the bond when one would otherwise be required.
- Respond to objections and handle disputes if they come up.
- File your Estate Information Return on time so the estate avoids penalties.
“A good probate file is mostly about getting the small things right.” Demet Altunbulakli, Insight Law Professional Corporation
If you would rather focus on your family than on court paperwork, you can hand the whole application to a lawyer. You can book a call with our team or get independent legal advice if you have been asked to act as estate trustee.
Frequently Asked Questions
Is probate the same as a Certificate of Appointment of Estate Trustee?
Yes. Probate is the everyday word. The certificate is the document the court issues at the end of the process. When people say they are applying for probate, they mean applying for a Certificate of Appointment of Estate Trustee or, for smaller estates, a Small Estate Certificate.
How much does it cost to file a probate application?
The main cost is the Estate Administration Tax. You pay nothing on the first $50,000 of the estate and $15 for every $1,000 above that. On a $400,000 estate, the tax is about $5,250. Legal fees, if you hire a lawyer, are separate and depend on the size and complexity of the estate.
Can I apply for probate without a lawyer?
Yes. The court does not require one. Court staff can tell you which forms exist, but they cannot give legal advice or help you complete them. If the estate is simple and you are comfortable with detailed paperwork, you can apply yourself. If it involves real estate, a dispute, or beneficiaries who cannot consent, a lawyer is usually worth the cost.
What if there is no will?
You can still apply. The court appoints an estate trustee, usually the spouse or common law partner first, then a close relative. You will almost always need to post a bond unless the court waives it, and the estate is distributed under Ontario’s intestacy rules in the Succession Law Reform Act rather than under a will. Setting up a power of attorney and a will during your lifetime spares your family this step.
Do I have to go to court in person?
Usually not. Ontario lets you file probate applications by email or by mail in most cases. The court reviews the documents and issues the certificate without a hearing, unless a judge needs to decide an issue such as an objection.
What happens after I receive the certificate?
You can now act for the estate. Collect the assets, pay the debts and taxes, and distribute what is left to the beneficiaries. Remember to file the Estate Information Return with the Ministry of Finance within 180 days of receiving the certificate, even if no tax is owed.
The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
