Ontario Probate Forms: Estate Forms and Application Rules

Sep 30

Hand filling out probate form with estate documents and Canadian flag

When someone dies in Ontario, the estate must be managed using specific legal documents and court forms. You need to complete and file these forms with the Superior Court of Justice to get legal authority as an estate trustee.

The main probate application uses Form 74A (Application for Certificate of Appointment of Estate Trustee). Supporting forms include 74B (Affidavit of Service), 74C (Draft Certificate), and various affidavits, depending on whether the deceased had a valid will.

For estates valued under $150,000, a simplified Small Estate Certificate process uses different forms and requirements.

The forms you need depend on the estate's value, the existence of a valid will, who is applying to be the estate trustee, and circumstances like disputes or missing documents. This guide covers the essential forms, recent rule changes, electronic filing options, and administrative requirements to help you navigate Ontario's probate system.

Overview of Ontario Probate Forms

Ontario probate forms are legal documents required by the Superior Court of Justice to grant authority for estate administration. These forms follow the Rules of Civil Procedure and must be completed accurately to get court approval.

Purpose of Probate Forms

Probate forms are formal requests to the court for legal authority to manage a deceased person's estate. They prove a will is valid and that the applicant has the right to act as estate trustee.

The court reviews the forms to confirm authority to distribute assets and handle liabilities. Without probate forms, you cannot access bank accounts, sell property, or transfer estate assets.

These forms also protect beneficiaries by ensuring legal procedures are followed. The court uses them to verify that all interested parties have been notified.

Types of Probate Forms in Ontario

You must choose different forms based on your situation and the estate's size. Form 74.1B is the Request to File an Application for a Small Estate, used for estates under certain value thresholds.

For regular estates with a will, standard probate application forms are used. If someone dies without a will, different forms address the unique details of the application.

Estate court forms fall under Rules 74, 74.1, and 75 of the Rules of Civil Procedure. Amendments in August 2025 simplified the probate application processes.

You can access these forms in HTML, PDF, and Word formats. Some situations require combining several forms to complete your court documents.

Role of the Superior Court of Justice

The Superior Court of Justice grants probate in Ontario. You must file completed forms with the court clerk, who checks them and processes court fees.

After review, a judge issues probate if the documents meet legal requirements. This results in the Certificate of Appointment of Estate Trustee.

You must file forms at least 30 days after notifying beneficiaries and other entitled parties. The court ensures proper procedures protect everyone's interests in the estate.

Key Forms Required for Probate Applications

The probate application process requires several forms. Form 74A serves as the main application document, with additional forms for renunciation, consent, supporting affidavits, and draft certificates.

Form 74A: Application for Certificate of Appointment

Form 74A is the primary document for applying for a certificate of appointment of estate trustee. It collects information about the deceased, the estate, and the proposed estate trustee.

You must list all bank accounts, real estate, investments, personal property, debts, and funeral expenses.

Key sections include:

Personal details of the deceased
Will information (if applicable)
Estate asset valuations
Beneficiary information
Estate trustee qualifications

Recent changes to Form 74A clarify bond requirements and require more detailed service information when notifying the Children's Lawyer or Public Guardian and Trustee.

You must calculate the estate administration tax based on the total estate value. This calculation affects the fees payable with the application.

Form 74G: Renunciation and Consent

Form 74G is used when named estate trustees choose not to act or when beneficiaries provide consent. It is essential when multiple estate trustees are named but only some will serve.

The renunciation section allows named estate trustees to formally decline their appointment. They must sign before a witness to make the renunciation valid.

Common uses for Form 74G:

Estate trustee declining appointment
Beneficiary consent to appointment
Clearing potential conflicts between named trustees

The consent portion is important when appointing someone other than the person named in the will. Beneficiaries may need to consent to the appointment.

All signatures must be properly witnessed and dated. Incomplete or improperly executed renunciations can delay the probate application.

Form 74D and 74E: Supporting Affidavits

Forms 74D and 74E are sworn statements that support the main probate application. These affidavits verify facts about the estate and the deceased person's circumstances.

Form 74D addresses asset valuations and estate details. The affiant swears to the accuracy of property values and confirms asset listings.

Form 74E covers service requirements and notifications. It confirms that all required parties have been notified of the probate application.

Important affidavit requirements:

Must be sworn before a commissioner of oaths
Requires proper identification of the affiant
Cannot contain hearsay evidence
Must include specific facts, not opinions

These affidavits strengthen the probate application by providing sworn testimony. Courts use these documents to verify the main application.

Draft Certificates and Confirmation of Appointment

Draft certificates outline the proposed certificate of appointment of estate trustee. You submit Form 74C as the draft certificate with your application.

The draft certificate states the estate trustee's powers and any limitations. Standard powers include selling assets, paying debts, and distributing estate property.

Certificate components:

Estate trustee identification
Scope of authority granted
Estate asset summary
Court seal and registration

The court issues the official certificate after approving your application. This document gives legal authority to administer the estate.

Make sure the draft certificate accurately reflects your intentions for estate administration. Errors in the draft can limit the estate trustee's ability to act.

Small Estate Certificate and Related Forms

Ontario's small estate process uses forms for estates valued at $150,000 or less. The main application form is 74.1A, with other forms for amendments and court notices if circumstances change.

Eligibility for Small Estate Certificate

Estates valued at $150,000 or less qualify for the small estate process under Rule 74.1. This threshold includes all estate assets at the time of death.

The small estate certificate serves the same legal purpose as a standard Certificate of Appointment. Banks and other organizations must accept it for estate administration.

Key eligibility requirements include:

Total estate value cannot exceed $150,000
All debts and liabilities must be included in the valuation
Real estate, investments, and personal property count toward the limit

If additional assets are discovered after obtaining the certificate, you may need to return to court. When new assets push the total value over $150,000, you must apply for a standard Certificate of Appointment.

Form 74.1A: Application for Small Estate

Form 74.1A is the main document for applying for a small estate certificate. This application combines elements that would otherwise require separate forms in standard probate proceedings.

The form requires information about:

The deceased person's assets and their values
All known debts and liabilities
Beneficiaries and their entitlements
The applicant's relationship to the deceased

You must file Form 74.1A with Form 74.1B (Request to File an Application). These forms can be submitted by email, mail, or in person to the Superior Court of Justice.

Supporting documents typically include:

Proof of death
Original will (if applicable)
Affidavits of execution and condition
Renunciations and consents from other entitled parties

The simplified process removes some notice requirements that apply to standard probate applications.

Amended and Supporting Forms (74.1E, 74.1D)

Form 74.1E allows you to amend a small estate certificate when circumstances change after the certificate is issued. Common reasons include discovering additional assets or correcting errors in the application.

Form 74.1D is the Registrar's Notice to Applicant. The court uses this form to communicate with applicants about their small estate certificate applications or amendments.

Amendment situations include:

Discovery of additional assets that keep the estate under $150,000
Correction of beneficiary information
Updates to asset valuations
Changes in estate administration details

Form 74.1F (Amended Small Estate Certificate) is issued by the court after approving your amendment application. This replaces the original certificate and shows the updated estate information.

The amendment process is simple but requires court approval. You cannot change the certificate yourself when new information becomes available.

Differences Between Small and Standard Estate Procedures

Small estate procedures under Rule 74.1 offer advantages over standard probate applications under Rule 74. The most significant difference is the simplified application process and reduced documentation.

Notice requirements differ:

Small estates have fewer mandatory notice provisions
Standard estates require more notice to beneficiaries and creditors
Publication requirements may be reduced or eliminated for small estates

Court processing is typically faster for small estate applications. The simplified forms and reduced documentation allow registrars to process applications more efficiently.

Estate administration tax applies equally to both processes. The tax is calculated on the same percentage basis for both procedures.

Form complexity varies:

Form 74.1A combines multiple elements into one application
Standard probate requires separate forms for different aspects
Supporting affidavits may be simplified or eliminated in small estate applications

The choice between procedures depends only on estate value.

Filing, Service, and Administrative Requirements

Ontario's probate system has specific procedures for document submission, service, and formatting. Each probate application must include an Information Form and follow filing protocols through the Superior Court of Justice.

Information Form Submission and Requirements

You must attach an Information Form to every email when filing probate documents electronically. This form provides guidance on which documents to submit for each type of probate application.

The Information Form helps court staff process your application correctly. It identifies the specific forms required based on whether you are applying for a Certificate of Appointment or a Small Estate Certificate.

You can access this form through the Superior Court of Justice website. The form ensures your application package is complete before submission.

Missing documents can delay the probate process.

Key documents typically required include:

Proof of death document
Original will (if applicable)
Supporting affidavits
Renunciations and consents

The court will assign a court file number once your complete application is received and processed.

Filing Electronic and Paper Documents

We can file probate applications by email, regular mail, or in person at the Superior Court of Justice.

Most probate documents are now filed electronically.

Documents we can file by email include:

Applications for Certificate of Appointment (Forms 74A, 74.1A, 74.1E, 74J)
Draft certificates (Forms 74C, 74.1C, 74.1F)
Proof of service declarations (Forms 74B, 74B.1, 74.1B)
Supporting affidavits and renunciations

We must pay estate administration tax in person or by mail.

We cannot pay these fees electronically, but we can pay filing fees by phone using a secure credit card transaction.

The Superior Court of Justice Consolidated Practice Direction Part IV explains electronic filing procedures.

We must follow these requirements carefully.

Naming Conventions and Document Formats

We must use a 12-point font and double spacing for our completed forms.

Each document needs a left-hand margin about 40 millimetres wide.

Microsoft Word formatting requirements:

Check boxes: Double-click and select "Checked" under Default Value
Adding rows: Click "enable editing" then right-click to insert rows
Save in .docx format for electronic submission

Most documents must end with a backsheet (Form 4C) if the form requires it.

We cannot omit this step.

Forms shaded in grey on the court website are not in force yet.

We should use only current unshaded forms until their effective dates.

The Registrar's Notice to Applicant confirms receipt of properly formatted documents.

Court staff cannot give legal advice about form completion.

If we are unsure about formatting or document preparation, we should consult a lawyer.

Consents, Notices, and Objections

Several forms handle consent requirements, objections to probate applications, and notices to government offices.

These documents ensure all interested parties receive notice and have chances to respond to estate applications.

Obtaining Consents from Interested Parties

We must get proper consents in certain probate situations.

Form 74G (Part B) - Consent to Applicant's Appointment as Estate Trustee is needed when someone dies without a will or when the applicant is not named as estate trustee in the will.

This consent form lets eligible parties agree to our appointment as estate trustee.

We need this form if others have equal or higher priority to serve as estate trustee.

Renunciations are also important in the consent process.

We use Form 74G (Part A) when someone entitled to serve as estate trustee chooses not to apply.

This person must formally renounce their right to act.

The renunciation must be completed before we apply.

If we lack proper renunciations or consents, the court may refuse to issue our certificate.

Notice of Objection and Responding Forms

Anyone with an interest in the estate can file a Notice of Objection (Form 75.1) to challenge our probate application.

The objection must state the person's interest and reasons for objecting.

Common grounds for objection include:

Lack of testamentary capacity
Undue influence on the deceased
Unfitness to act as estate trustee
Questions about the will's validity

If someone files a Notice of Objection, we must respond with specific forms.

We send a Notice to Applicant (Form 75.3) to the objector and file a copy with the court along with an affidavit of service.

Objections create obstacles that must be resolved before probate can proceed.

The court will not issue our certificate until we address all objections through the estate dispute process.

Service on Children's Lawyer and Public Guardian and Trustee

We must serve certain government offices when minors or incapable adults are beneficiaries.

The Office of the Children's Lawyer must receive notice if minor beneficiaries are involved in the estate.

The Office of the Public Guardian and Trustee requires notice when incapable adults cannot give legal consent.

We send copies of our application form to these offices before filing with the court.

This service protects vulnerable beneficiaries who cannot represent their own interests.

These offices may review the application and respond if they have concerns about estate administration.

We must complete this service even if we think other family members can represent these beneficiaries.

Recent Changes to Probate Forms and Rules

Ontario Regulation 72/25 updated estate court forms in August 2025.

These updates modernize bond requirements and beneficiary service procedures and provide a grace period for switching from old forms.

O. Reg. 72/25 Amendments (August 2025)

O. Reg. 72/25 made major changes to the Rules of Civil Procedure under Rule 74.

These amendments took effect on August 13, 2025.

The regulation simplifies probate application processes and reduces administrative burdens for estate professionals in Ontario.

Key forms affected include:

Form 74A (Application for Certificate of Appointment of Estate Trustee with a Will)
Form 74.1A (Application for Certificate of Appointment of Estate Trustee without a Will)
Form 74J (Notice of Application)

The changes streamline procedures for both simple and complex estates.

We now see clearer instructions and fewer paperwork requirements.

These updates align with amendments from Reg. 388/23 and Reg. 188/23.

The Ministry of the Attorney General designed them to make probate more accessible.

Modernised Bond and Beneficiary Service Requirements

The August 2025 amendments updated bond requirements for estate trustees.

Part 10 of probate application forms now has clearer bond provisions.

New bond features:

Simplified calculation methods
Reduced documentation requirements
Electronic filing options

Beneficiary service requirements also changed.

The rules now allow more service methods, including email delivery.

Estate trustees can serve notices by:

Personal service
Registered mail
Email (with consent)
Courier delivery

These changes reduce delays and lower costs for estate trustees and beneficiaries.

The amendments treat codicils and primary wills the same way.

This ensures consistent rules for all estate litigation documents.

Grace Period for Legacy Forms

Ontario courts set a transition period for older probate forms.

Legacy forms remain acceptable during this grace period.

The transition helps estate professionals adjust to new requirements and prevents delays in pending applications using old forms.

Grace period details:

Duration: Six months from August 13, 2025
Applies to forms submitted before the effective date
Does not extend to new applications

We recommend using updated forms right away to avoid processing delays or rejection.

Courts may ask for form updates during the grace period.

Estate professionals should prepare both old and new versions when possible.

The grace period ends February 13, 2026.

After this date, courts will accept only current forms for new probate applications.

Electronic Filing and Court Submissions

Ontario's probate system now accepts electronic submissions for most applications.

Estate litigation follows separate civil court procedures, and different online portals handle various estate filings.

Civil Claims Online and Civil Submissions Online

We can file probate applications electronically by email to the Superior Court of Justice.

This includes applications for Certificate of Appointment of Estate Trustee and Small Estate Certificates.

Email Requirements:

Complete an Information Form with the probate application
Use proper subject line format: "SCJ – ESTATES – [file number] – [document type]"
Keep total email size under 35 MB
Submit documents in PDF format only

Each PDF must contain only one court form.

We must name files with the form number, document type, deceased's name, and date in DD-MMM-YYYY format.

Example: Form 74E Affidavit of Condition of Will – John Smith, deceased – 13-MAR-2024

We must send original documents like wills and codicils by mail or courier within the required timeframe.

The court assigns file numbers within five business days.

We receive approved certificates electronically unless we request paper copies.

Filing in Estate Litigation

Estate litigation documents follow different rules than probate applications.

We cannot use the email system for these filings.

Estate litigation documents go through the Civil Submissions Online portal.

This matches other civil litigation procedures in Ontario courts.

Key Differences:

No email filing option
Standard civil court timelines apply
Different fee structures
Separate procedural rules

We receive email confirmation within three business days.

The court tells us if documents were accepted or if we need to make changes.

Related Court Portals and Procedures

Civil Submissions Online handles most ongoing estate matters after probate.

We use this portal for motions, applications, and other court documents.

Payment Methods:

Mail or courier for estate administration tax
Phone credit card payments for filing fees
In-person payments at court offices

Court staff notify us by email if applications are refused.

Form 74O or Form 74.1D explains the reasons for refusal.

We can submit revised materials if the court requests more information or documents.

Conclusion

Ontario probate forms changed significantly with the August 2025 updates.

The new forms make the process simpler for regular estates and small estates valued at $150,000 or less.

The updated forms now work better with electronic filing systems.

You can file most probate documents by email, regular mail, or in person.

This gives families more options when dealing with estate matters.

Getting the right forms and filling them out correctly is important for your probate application.

Contact B.I.G. Probate Law Ontario for expert help with your estate forms and probate process.

Our team knows the latest changes and can guide you through each step.

Ready to get started?

Email us at Info@probatelaw-ontario.ca
Call (289) 301-3338
Visit probatelawgroup.ca
Book a free call to discuss your case

We help Ontario families navigate probate applications with confidence.

Our experience with the new court forms and filing requirements means fewer delays and smoother processing for your estate.

Frequently Asked Questions

Probate applications in Ontario require specific forms that were updated in August 2025.

The process involves different forms depending on estate size, and not all estates need court approval.

What forms are required for probate in Ontario?

The main forms you need depend on your estate's value and situation.

For estates over $150,000, use Form 74A to apply for a Certificate of Appointment of Estate Trustee.

For smaller estates valued at $150,000 or less, use Form 74.1A for a Small Estate Certificate.

Both applications require supporting documents.

You also need Form 74B or 74B.1 for proof of service to show you notified all required parties.

Additional forms may include Form 74D for will execution, Form 74E for will condition, or Form 74G for renunciations and consents.

The specific forms depend on your estate's circumstances.

What is form 74A in Ontario?

Form 74A is the Application for a Certificate of Appointment of Estate Trustee.

This is the main form for applying for probate in Ontario for estates over $150,000.

The form was updated in January 2025 and became effective on August 13, 2025.

It replaced the previous version as part of Ontario's effort to simplify the probate process.

You use Form 74A if you are named in a will or applying to administer an estate without a will.

The form collects information about the deceased, beneficiaries, and estate assets.

What are the new probate rules in Ontario?

Ontario updated its probate rules under O. Reg. 72/25, which took effect on August 13, 2025.

These changes simplified the probate application process.

The new rules streamlined forms and reduced administrative steps.

They made the process clearer for estate professionals and families handling probate themselves.

Key changes include updated forms like 74A and 74.1A.

The revisions aimed to make probate applications more efficient and easier to complete.

What is probate now called in Ontario?

Probate is now officially called a "Certificate of Appointment of Estate Trustee" in Ontario.

This changed from the older term "probate" to better reflect what the document does.

For smaller estates, it's called a "Small Estate Certificate."

Both terms describe court approval to manage and distribute an estate.

Many people still use the word "probate" in everyday conversation.

Legal professionals and court documents use the official terminology.

Can an estate be settled without probate in Ontario?

Yes, some estates can be settled without probate in Ontario.

Small estates under certain thresholds may not need court approval.

Assets held jointly with rights of survivorship pass directly to the surviving owner.

These don't require probate.

Life insurance with named beneficiaries and registered accounts like RRSPs also bypass probate.

The beneficiaries receive these assets directly.

However, most estates with significant assets or real estate need probate.

Banks and other institutions often require the Certificate of Appointment before releasing funds.

What is the shortest amount of time probate can take?

Probate applications in Ontario usually take several weeks to several months. The shortest time is typically 6-8 weeks for straightforward cases with no complications.

Simple estates with complete documentation process faster. Small Estate Certificates may be issued more quickly than full probate applications.

Complex estates or those with missing documents take longer. Court backlogs and incomplete applications can extend the timeline.

The timeline starts when you file all required forms and supporting documents with the court.

Berel Goldberg