How To Apply For Probate In Ontario: A Step-by-Step Guide
Applying for probate in Ontario means getting legal permission to manage someone’s estate after they pass away. The key step is to submit a probate application to the Superior Court of Justice, along with the will, death certificate, and other required documents. This lets us handle the estate’s assets and pay debts properly.
The process might seem complicated, but knowing exactly what to prepare and how to file can make it smoother. We will guide you through what you need and what to expect when applying for probate in Ontario, so you can avoid common pitfalls and delays.
Understanding the basics of probate helps us protect the interests of everyone involved. Let’s walk through the important steps together to make sure the estate is settled fairly and according to the law.
What Is Probate?
Probate is a legal process where the court officially recognizes a will and gives the executor the authority to manage the deceased person's estate. In Ontario, this process is called applying for a Certificate of Appointment of Estate Trustee.
This certificate confirms that the executor has the legal right to gather the deceased’s assets, pay debts, and distribute what’s left to beneficiaries. Without probate, many banks and institutions won’t release funds or allow asset transfers.
If you're still unsure about what probate actually involves or whether it's needed in your situation, check out our full guide on what is probate in Ontario for a deeper breakdown.
When Is Probate Required?
Not every estate needs to go through probate. But in Ontario, probate is often required when:
The estate includes real estate (unless it’s jointly owned with survivorship).
Financial institutions or land registry offices demand a Certificate of Appointment.
There is no valid will, or multiple wills exist.
The estate value is significant, especially with complex assets like investments or business interests.
In short, if there's uncertainty or high value involved, probate is likely needed to protect everyone’s interests.
Types of Probate Applications
Ontario offers different probate applications depending on the situation:
| Type of Application | When It’s Used |
|---|---|
| With a Will (Certificate of Appointment of Estate Trustee with a Will) | When the deceased left a valid will and named an executor. |
| Without a Will (Certificate of Appointment of Estate Trustee without a Will) | When the person died intestate (without a will). |
| Limited Grant | For urgent or specific situations, like gaining access to a single bank account. |
| Small Estate Certificate | For estates valued at $150,000 or less. Simplifies the process for smaller estates. |
Choosing the correct application helps avoid delays and ensures the estate is handled properly from the start.
Eligibility and Requirements
Before you apply for probate in Ontario, it's important to understand who is legally allowed to apply and what paperwork is required. The process is not one-size-fits-all — eligibility depends on your relationship to the deceased, and the required documents can vary based on the estate's size and complexity.
Knowing the rules upfront can save time, prevent mistakes, and help you move forward with confidence.
Who Can Apply for Probate?
In Ontario, the person who applies for probate is usually named as the executor in the will. This person has the legal right to apply for a Certificate of Appointment of Estate Trustee.
If there is no will, a close family member — such as a spouse, child, or sibling — can apply to be appointed as the estate trustee. The court will typically prioritize the closest next of kin, but they must be willing and able to take on the responsibility.
In some cases, multiple people can apply jointly, especially if they are co-executors or have equal standing as family members.
Documents Needed for Probate
Before applying for probate in Ontario, gather the following key documents:
Original will – Confirms the deceased’s wishes and names the executor.
Death certificate – Official proof that the person has passed away.
Court application forms – Usually Form 74A or 74.1A, depending on the estate size.
List of estate assets and values – Includes property, bank accounts, investments, and debts.
Affidavit of service – Confirms that beneficiaries or next of kin have been notified.
Filing fee – Based on the total value of the estate, paid to the court at the time of application.
If the estate is under $150,000, the Small Estate process may apply, with fewer forms and a simpler filing process.
Key Legal Considerations
Applying for probate isn’t just about paperwork — there are important legal factors to keep in mind.
Validity of the will: The court will check if the will meets legal standards. Handwritten or unsigned wills may not be accepted.
Disputes among beneficiaries: If someone contests the will or application, the probate process can take longer and may require court hearings.
Tax obligations: Probate doesn't replace the need to file final taxes. Executors are responsible for ensuring taxes are paid before distributing the estate.
Executor responsibilities: The person applying must act in the best interest of all beneficiaries and follow Ontario estate laws closely.
Being aware of these considerations helps avoid mistakes and legal challenges down the road.
Step-By-Step Probate Application Process
Applying for probate in Ontario can feel overwhelming, but breaking it down into steps makes it easier to follow. From preparing forms to submitting them to the court, each step plays a key role in moving the estate forward legally and efficiently.
Here’s how the process typically unfolds:
Preparing the Application Forms
Start by gathering all required forms based on the estate type. If there’s a will, you’ll use the “Certificate of Appointment of Estate Trustee with a Will” form. If there’s no will, use the version “without a Will.”
Make sure you complete each form accurately. Double-check all names, dates, and signatures — even small errors can cause delays.
You’ll also need to complete and attach an affidavit confirming service to all beneficiaries and anyone with a financial interest in the estate.
Valuing the Estate
Before you can submit your application, you must list and estimate the value of all assets in the estate. This includes:
Real estate (excluding jointly owned properties)
Bank accounts
Investments
Personal property like vehicles, jewelry, and artwork
Debts owed to the estate
Use fair market values as of the date of death. If you're unsure, consider hiring an appraiser or financial advisor for high-value items.
The total value will determine the court fees and may also affect whether a simplified small estate process can be used.
Filing the Probate Application
Once you’ve completed the forms and valued the estate, you’ll submit your application to the Ontario Superior Court of Justice in the region where the deceased lived.
Include all documents, your affidavit of service, and the appropriate filing fee. You can file in person or by mail, but in-person filing may help avoid back-and-forth corrections.
After submission, it can take several weeks to a few months to receive the Certificate of Appointment. Keep copies of everything for your records.
Court Fees and Payment
Court fees in Ontario are based on the total value of the estate:
$0 for estates valued under $1,00
$15 per $1,000 for estates over $1,000, up to $50,000
$250 + $15 per $1,000 over $50,000 for larger estates
For example, an estate worth $300,000 would pay $4,500 in probate fees.
These fees are paid at the time of filing, typically by certified cheque or money order made out to the Minister of Finance.
Notifying Beneficiaries and Creditors
After filing your probate application, your job as executor doesn’t stop. You have a legal duty to notify everyone who has a right to know about the estate, including beneficiaries named in the will and any potential creditors. This step ensures transparency and protects the estate from future disputes or unpaid debts.
Informing Beneficiaries
Once probate is underway (or granted), you must notify all beneficiaries named in the will. If there's no will, you’ll inform the deceased’s legal heirs based on Ontario’s succession rules.
Each beneficiary should receive a copy of the will and a formal notice confirming that probate is being applied for. This is usually done through an Affidavit of Service, which proves they’ve been informed.
You don’t need to give a full accounting right away, but beneficiaries have the right to know:
Their role in the will (if any)
What they’re entitled to receive
That probate is in progress
Clear, respectful communication helps avoid misunderstandings and builds trust during a sensitive time.
Dealing With Estate Debts
Before you can distribute any assets, you must handle all debts and liabilities. This includes:
Credit card balances
Personal loans
Unpaid taxes
Utility bills
Funeral expenses
Start by reviewing all financial records and recent bills. If needed, advertise a “Notice to Creditors” in a local newspaper. This gives unknown creditors a chance to come forward within a set timeframe, usually 30–60 days.
You should pay your debts in the proper order. Certain debts, like taxes or secured loans, take priority. Don’t rush to distribute assets until all liabilities are cleared — otherwise, you could be held personally responsible.
Grant of Certificate of Appointment
Once your probate application is approved, the court will issue a Certificate of Appointment of Estate Trustee. This certificate is the official proof that you’re legally allowed to manage and distribute the deceased’s assets. It marks a key turning point — from preparing paperwork to actively settling the estate.
Receiving the Certificate
You’ll receive the certificate by mail or in person from the court, depending on how you filed. The processing time can vary, but it typically takes a few weeks to a few months.
Once you have the certificate in hand, financial institutions, government agencies, and other parties will recognize your legal authority. You can now access bank accounts, sell property, and manage investments in the name of the estate.
Keep the original certificate safe and make certified copies — many institutions will require them.
Next Steps After the Grant Is Issued
After receiving the certificate, your role as executor moves into the estate administration phase. Key responsibilities include:
Gathering all assets: Close bank accounts, transfer property titles, and secure valuables.
Paying final bills: Settle any outstanding debts and file the deceased’s final income tax return.
Keeping records: Track all transactions, receipts, and communications with beneficiaries.
Distributing the estate: Only after debts and taxes are settled, distributing assets are distributed according to the will (or intestacy laws if there’s no will).
You may also need to prepare a final accounting for the beneficiaries, showing how the estate was handled. If disputes arise, the court may review this accounting before approving the final distribution.
Common Challenges and How to Avoid Them
Even with careful planning, the probate process in Ontario can run into problems. Knowing what can go wrong — and how to avoid it — will save you time, stress, and in some cases, money. Below are two of the most common issues people face during probate.
Application Delays
One of the biggest frustrations is waiting weeks (or months) to get the Certificate of Appointment. Delays usually happen when the application is incomplete, contains errors, or doesn’t include the right supporting documents.
You can avoid this by double-checking your forms before filing. Make sure all names match legal documents, notices are served properly, and asset valuations are clear. Even a missing affidavit or an unsigned form can put everything on hold.
If you're unsure, it's okay to ask the court clerk for guidance or consult a lawyer for a quick review before submission.
Disputed Wills
Wills don’t always go unchallenged. Sometimes, family members or other parties question the validity of the will, especially if they feel left out or suspect the deceased was pressured or mentally unfit when the will was signed.
These disputes can slow down probate significantly. They may even lead to a full court hearing if emotions run high or large sums are involved.
To reduce the risk of conflict, communicate early with beneficiaries. Be transparent about what the will says and explain your role. If a dispute does arise, get legal advice quickly — it’s better to deal with it head-on than let it drag out for months.
Getting Legal Help with Probate in Ontario
The probate process in Ontario isn’t always simple. Even straightforward estates can involve legal questions, tricky paperwork, or emotional family dynamics. Knowing when to seek help — and where to find trusted guidance — can save you a lot of stress.
When to Consult an Ontario Lawyer
You may be able to handle probate on your own, but some situations call for legal support.
Consider speaking with a lawyer if:
The will is unclear or possibly invalid
No will exists, and there’s disagreement about who should apply
The estate includes high-value or complex assets
You're unsure about tax responsibilities or the order of distribution
Getting help early can prevent delays and protect you from personal liability. At Probate Law Group, we assist clients across Ontario with efficient, compassionate legal support. If you’re not sure where to begin or need help navigating the process, reach out to us — we’re here to guide you every step of the way.
Conclusion
The probate process in Ontario can seem overwhelming, especially during an already difficult time. But when you break it down step by step — from preparing documents to getting the certificate and settling the estate — it becomes more manageable.
Whether you're acting as an executor or supporting a loved one through it, staying informed and organized makes a real difference. And if questions or complications arise, getting professional guidance can help you move forward with confidence.
Frequently Asked Questions
How much does it cost to apply for probate in Ontario?
Probate fees in Ontario depend on the value of the estate. The first $50,000 is charged at $5 per $1,000, and anything over that is charged at $15 per $1,000. For example, a $300,000 estate would cost around $4,000 in court fees. You may also have additional costs like legal fees or appraisals.
How long does it take to apply for probate in Ontario?
It usually takes a few weeks to several months. If your documents are complete and there are no disputes, most applications are processed within 6 to 12 weeks. Complex estates or contested wills can take longer.
What triggers probate in Ontario?
Probate is typically required when the deceased owned assets in their name alone, such as real estate, bank accounts, or investments. It’s also triggered when institutions (like banks or land registries) need legal confirmation before releasing funds or transferring property.
Is there a time limit to probate a will in Ontario?
Ontario law doesn’t set a strict deadline, but it’s best to apply as soon as possible. Delays can create legal and financial complications, especially if the estate has debts, ongoing bills, or impatient beneficiaries.
Who pays probate fees in Ontario without a will?
The fees are paid from the estate itself, whether or not a will exists. The person applying to be estate trustee (often a close family member) pays the fee upfront but is usually reimbursed from the estate once it's settled.
