How to File a Notice of Objection to a Probate Application in Ontario
A notice of objection is a short document, Form 75.1, filed by any person appearing to have a financial interest in an estate, which prevents the court from issuing a certificate of appointment until the objection is resolved. It can be filed before anyone has applied for probate, it costs $94, and it expires three years after filing. Once an application is made, a sequence of deadlines starts, and the shortest of them is 20 days. An objector who misses that one loses the objection entirely and the application proceeds as though it had never been filed.
Who Can File a Notice of Objection?
Any person who appears to have a financial interest in the estate, under Rule 75.03(1) of the Rules of Civil Procedure. That is a lower threshold than proving an entitlement. It typically includes:
A beneficiary under the will submitted for probate
A beneficiary under an earlier will
A person who would inherit on an intestacy if the will were invalid
A person who claims to be a dependant of the deceased
A creditor of the estate in some circumstances
The notice must state the nature of the interest and the nature of the objection. Rule 75.03(1) requires both, and the second requirement has teeth. Ontario courts have criticised objections drafted in general terms, holding that stating simply that the deceased was subjected to undue influence, without saying by whom, when, or through what conduct, does not meet the requirement to state the nature of the objection.
What Does Filing Actually Do?
It blocks the certificate. Under the Estates Act, a local registrar cannot issue a certificate of appointment without confirmation from the Estate Registrar for Ontario that no other application has been made and that no notice of objection has been entered in any court in Ontario. A filed objection therefore stops the process province-wide, not just in the county where it was filed.
It does not decide anything. An objection is a procedural stop, not a determination that the will is invalid. It buys time and forces the dispute into the open.
It expires after three years. Rule 75.03(2) provides that a notice of objection expires three years after it is filed. It may also be withdrawn by the person who filed it, at any time before a hearing for directions, or removed by order of the court.
It can be filed before any application. An objector who is concerned that someone is about to apply for probate does not have to wait. Filing early is the point of the mechanism.
What Happens After You File?
The registrar notifies the applicant. Where an application for a certificate has been made and a notice of objection is filed, the registrar sends notice of the filing to the applicant or the applicant's lawyer at the address shown in the application. Since O. Reg. 72/25 amended Rule 75.03(3) effective August 13, 2025, that notice is given in Form 74O on a regular application, or Form 74.1D on a small estate application. The former Form 75.2 was revoked by the same regulation.
The applicant serves a notice to objector. On receiving that notice, the applicant must serve a Notice to Objector, Form 75.3, on the objector, and file a copy with proof of service.
The objector has 20 days to file a notice of appearance. Where the objector does not serve and file a notice of appearance, Form 75.4, within 20 days after service of the notice to objector, the application proceeds as if the notice of objection had never been filed. This is the deadline that ends most objections.
The applicant moves for directions. If the applicant does not move for directions within 30 days after service of the notice of appearance, the objector may move for directions instead.
The court gives directions. An order giving directions sets out how the dispute will be tried, including whether pleadings are required, what evidence is needed, and whether an estate trustee during litigation should be appointed.
| Form | What it is | Who files or serves it |
|---|---|---|
| 75.1 | Notice of Objection | The objector |
| 74O | Notice to the applicant that an objection has been filed, on a regular application | The registrar, to the applicant |
| 74.1D | The same notice on a small estate application | The registrar, to the applicant |
| 75.3 | Notice to Objector | The applicant, on the objector |
| 75.4 | Notice of Appearance | The objector, within 20 days |
| 75.5 or 75.6 | Notice of Application or Motion for Directions | Either party |
| 74P | Request for Notice of Commencement of Proceeding | A person wanting notice without objecting |
Material published before August 2025 describes the registrar's notice as Form 75.2. That form was revoked by O. Reg. 72/25 and should not be relied on.
Is There a Lighter Alternative?
Yes, and it is the right tool more often than people realise. A person with a financial interest who wants to be kept informed, rather than to stop the application, can file a Request for Notice of Commencement of Proceeding, Form 74P. It asks the court to notify you when proceedings involving the estate begin. It does not block the certificate.
Choosing between them is a genuine strategic decision, and it is not about the fee. Both cost $94 to file. The difference is in consequence. An objection stops the administration and puts the objector in an adversarial position from day one, with the litigation costs that follow. A request for notice preserves your information rights and leaves the estate moving. Where the real problem is that you do not know what is happening, the request for notice addresses it without the exposure.
Our guides on contesting a will in Ontario and estate disputes in Ontario cover the substantive challenge that a notice of objection usually precedes, and our guide to the Certificate of Appointment of Estate Trustee explains what the objection is holding up.
How Do You File It?
Form 75.1 is filed with the Superior Court of Justice. It may be filed by email, along with the other responding documents in a probate proceeding, under the Superior Court of Justice Consolidated Civil Provincial Practice Direction.
File in the county or district where the deceased lived at the time of death, which is where an application for a certificate would be made. Because the Estate Registrar for Ontario checks province-wide, a properly filed objection is effective wherever an application is later brought.
The filing fee is $94. Ontario's court fees regulation sets $94 for a notice of objection other than an objection to accounts, and that fee includes the filing of a notice of appearance. A request for notice of commencement of proceedings carries the same $94 fee. The costs that follow, from directions onward, are a different matter, and estate litigation costs are discretionary rather than automatically paid from the estate.
Where This Goes Wrong
Boilerplate grounds. An objection reciting general allegations without particulars can be criticised by the court and does not satisfy the requirement to state the nature of the objection.
Missing the 20 day window. The consequence is total rather than partial: The notice of appearance is a short document, and the deadline runs from service of the notice to objector.
Filing an objection when a request for notice was what you wanted. Objecting stops an estate and starts a fight. If your actual concern is being kept in the dark, Form 74P is the proportionate tool.
Filing and then doing nothing. Ontario courts are alert to objections used to create delay or leverage without advancing the dispute. An objection that sits without steps being taken can attract judicial criticism and a costs consequence.
Assuming the objection lasts forever. It expires at three years.
Assuming it protects the assets. An objection stops the certificate. It does not appoint anyone to look after the estate in the meantime, which is why an application for directions often asks for an estate trustee during litigation at the same time.
If you are considering filing an objection, or you have received a notice to objector and the 20 days is running, that is a conversation worth having quickly. You can book a free call.
Frequently Asked Questions
Who can file a notice of objection in Ontario?
Any person appearing to have a financial interest in the estate, under Rule 75.03(1). That includes beneficiaries under the will or an earlier will, people who would inherit on an intestacy, and people claiming to be dependants. The notice must state both the nature of the interest and the nature of the objection.
How long does a notice of objection last?
Three years from filing, under Rule 75.03(2). It can be withdrawn earlier by the person who filed it, at any time before a hearing for directions, or removed by court order.
What happens if you miss the 20 day deadline?
Where the objector does not serve and file a notice of appearance in Form 75.4 within 20 days after being served with the notice to objector, the application for a certificate proceeds as if the notice of objection had never been filed. The objection is effectively lost.
Does a notice of objection stop probate everywhere in Ontario?
In practical terms, yes. A local registrar cannot issue a certificate without confirmation from the Estate Registrar for Ontario that no notice of objection has been entered in any court in Ontario, so a properly filed objection is picked up wherever an application is brought.
Is there a fee to file a notice of objection?
Yes. Ontario's court fees regulation sets $94 for a notice of objection other than an objection to accounts, and that fee covers the filing of a notice of appearance as well. The steps that follow, and the litigation an objection usually precedes, carry their own costs, and costs in estate litigation are discretionary rather than automatically payable from the estate.
What is the difference between Form 75.1 and Form 74P?
Form 75.1 is a notice of objection, which blocks the issuing of a certificate. Form 74P is a request for notice of commencement of proceeding, which asks to be notified when proceedings involving the estate begin but does not block anything. Both carry a $94 filing fee, so the choice between them is about consequence rather than cost.
This article provides general information about Ontario law and is not legal advice. Speak with a lawyer about your specific circumstances.
