Which Probate Certificate Do You Need in Ontario? A Decision Guide
Most Ontario estates need one of two certificates: a Certificate of Appointment of Estate Trustee With a Will, or the same certificate Without a Will. Counting the Amended Small Estate Certificate separately, Ontario issues twelve in total, and the other ten cover narrower situations: a Small Estate Certificate for estates of $150,000 or less, three Succeeding Estate Trustee certificates where the first trustee has stopped acting, a certificate limited to the assets referred to in a will, a route for the nominee of a foreign estate trustee, an appointment during litigation, and resealing or ancillary certificates where the appointment was originally made outside Ontario. Which application form you use depends on which certificate you need. Choosing the wrong one produces a rejected application rather than a wrong result, so the cost is usually delay.
What Are the Main Certificates Ontario Issues?
Two certificates carry the great majority of estates. A Certificate of Appointment of Estate Trustee With a Will is issued where there is a valid will. A Certificate of Appointment of Estate Trustee Without a Will is issued on an intestacy. Both are applied for on the same principal form, Form 74A. The small estate stream uses Form 74.1A. Most of the remaining certificates are applied for on Form 74J, a consolidated application on which the applicant selects the certificate sought.
A limited version exists for multiple wills. Where the deceased left more than one will, an applicant can seek a Certificate of Appointment of Estate Trustee With a Will Limited to the Assets Referred to in the Will. This is the mechanism that allows a primary will to be submitted for probate while a secondary will covering other assets stays out of the application, which is why it matters to business owners.
Three certificates deal with succession in office. Where an estate trustee has died, resigned or been removed part way through an administration, the replacement applies for a Certificate of Appointment of Succeeding Estate Trustee. There are three versions: with a will, with a will limited to the assets referred to in the will, and without a will. On a succeeding application, only the undistributed assets are listed.
Three deal with appointments made elsewhere. A Confirmation by Resealing of Appointment of Estate Trustee is available where the original appointment was granted by a court of competent jurisdiction in the United Kingdom, in another Canadian province or territory, or in a British possession. A Certificate of Ancillary Appointment of Estate Trustee With a Will covers appointments granted by a court outside Ontario that does not fall within that list.
The third handles an intestacy abroad. Where a person died without a will and an estate trustee has been appointed in the foreign jurisdiction where the deceased lived, an Ontario certificate without a will cannot issue to that foreign trustee directly. The foreign trustee nominates someone in Ontario, who applies for a Certificate of Appointment of Foreign Estate Trustee's Nominee as Estate Trustee Without a Will. Security equal to the value of the Ontario assets is required, and the certificate from the foreign court confirming the grant is still effective must generally be dated within six months of the Ontario application.
One deals with litigation. A Certificate of Appointment of Estate Trustee During Litigation appoints a neutral caretaker to hold and preserve the estate while a dispute about the will or the appointment is decided.
One deals with small estates. The Small Estate Certificate, introduced on April 1, 2021 under Rule 74.1, is available where the estate is valued at $150,000 or less, and is applied for on Form 74.1A. Where further assets come to light and the total remains within the limit, the estate trustee applies on Form 74.1E for an Amended Small Estate Certificate, which the court issues as Form 74.1F and which lists both the original and the additional assets.
Which Certificate Fits Your Situation?
| Your situation | Certificate to apply for | Application form | Estate Administration Tax |
|---|---|---|---|
| Valid will, you are named as estate trustee | Appointment of Estate Trustee With a Will | 74A | Payable |
| No will | Appointment of Estate Trustee Without a Will | 74A | Payable |
| Multiple wills, only the primary will is being probated | Appointment With a Will Limited to the Assets Referred to in the Will | 74A | Payable on the assets covered |
| Estate valued at $150,000 or less | Small Estate Certificate | 74.1A | Payable, calculated identically |
| Further assets found, total still $150,000 or less | Amended Small Estate Certificate | 74.1E | Payable on the additional value |
| First estate trustee has stopped acting, there is a will | Appointment of Succeeding Estate Trustee With a Will | 74J | Not payable |
| As above, where the original certificate was limited to the assets referred to in the will | Appointment of Succeeding Estate Trustee With a Will Limited to the Assets Referred to in the Will | 74J | Not payable |
| First estate trustee has stopped acting, there is no will | Appointment of Succeeding Estate Trustee Without a Will | 74J | Not payable |
| Intestacy, estate trustee already appointed abroad where the deceased lived | Appointment of Foreign Estate Trustee's Nominee as Estate Trustee Without a Will | 74J | Payable on the Ontario assets |
| Appointment granted in the United Kingdom, another province or territory, or a British possession | Confirmation by Resealing | 74J | Payable |
| Appointment granted by another foreign court, with a will | Certificate of Ancillary Appointment With a Will | 74J | Payable |
| Will or appointment is being litigated | Appointment of Estate Trustee During Litigation | 74J | Not payable |
Two things in this table surprise people. The first is that a single form, 74J, covers seven of the twelve certificates: it is a consolidated application in which you select the certificate you are seeking. The second is the tax column. Succeeding Estate Trustee certificates and an appointment During Litigation do not attract Estate Administration Tax, because the tax was already charged, or will be charged, on the substantive appointment.
How Do the Two Main Streams Differ?
| Small Estate Certificate | Certificate of Appointment of Estate Trustee | |
|---|---|---|
| Estate value | $150,000 or less | Any value |
| Governing rule | Rule 74.1 | Rule 74 |
| Principal form | 74.1A | 74A |
| Notice to beneficiaries | At least 30 days before filing | Before filing, with no prescribed waiting period |
| Court processing | About 5 business days | About 15 business days |
| Authority granted | Only over the assets listed on the certificate | General authority over the estate |
The small estate route can take longer end to end. The thirty day notice period runs before the application can be filed, so an estate that qualifies may still reach a certificate later than an estate on the regular track, where notice is served and the application follows without a prescribed wait. The small estate route is simpler and often less expensive in professional fees. It is not faster by default, and it is not cheaper in tax: the Estate Administration Tax is calculated identically under either stream.
Authority is the more important difference. A Small Estate Certificate gives power only over the assets listed on it. If an unlisted asset appears later, the estate trustee has no authority over it until the certificate is amended or a full Certificate of Appointment is obtained.
Does Your Certificate Require a Bond?
On the regular stream, a bond is required in three situations. Where there is no will. Where the applicant is not named as estate trustee in the will. Where the applicant is not resident in Ontario, in another Canadian province or territory, or in a Commonwealth country.
One exemption applies automatically, without a motion. Section 36(2) of the Estates Act provides that a bond shall not be required where administration on an intestacy is granted to the surviving spouse of the deceased, the net value of the estate as computed for the purposes of section 45 of the Succession Law Reform Act does not exceed the preferential share, and an affidavit setting out the debts of the estate is filed with the application. That is a statutory exemption rather than an exercise of judicial discretion.
Residence is a separate question from security on an intestacy. Section 5 of the Estates Act provides that letters of administration shall not be granted to a person not residing in Ontario. Where there is no will, a non-resident applicant is not simply facing a larger bond. That is the reason the foreign estate trustee's nominee route exists.
On the small estate stream the trigger is narrower. A bond is required where the applicant is not resident in Ontario, Canada or a Commonwealth country, or where there are minor or incapable adult beneficiaries and either there is no will or the applicant is not the named trustee, unless the applicant is the spouse and files an affidavit to dispense with the bond.
The default amount is double the value of the estate, under section 37(1) of the Estates Act, unless a judge orders otherwise. Section 35 creates the requirement to give security; section 37(1) fixes the amount; and courts commonly exercise the discretion in section 37(2) to reduce it. A licensed insurer can act as surety. Personal sureties are also possible: two are required for estates over $100,000 and one for estates of $100,000 or less, and a personal surety must be an adult Ontario resident with sufficient assets who is neither a lawyer nor a court registrar.
Our guide to the Small Estate Certificate covers the $150,000 stream, and our guide on whether you need probate if there is a will covers when a certificate is needed at all.
How to Work Out Which Certificate You Need
Establish whether there is a valid will. This decides the with a will and without a will branch before anything else.
Check whether anyone has already been appointed. If a certificate has issued and that trustee has stopped acting, you are in succeeding trustee territory, not a fresh appointment.
Check where the appointment was made. An appointment already granted outside Ontario points to resealing or an ancillary certificate rather than a new application.
Value the estate as at the date of death. If the total is $150,000 or less, the small estate stream is open to you.
Check for multiple wills. If there is a primary and a secondary will, consider the limited certificate.
Check the bond triggers before you file, because arranging a bond takes time and is a common cause of a stalled application.
Where This Goes Wrong
Choosing the small estate route with an asset you have not confirmed. An estate near the threshold is one discovered asset away from losing the amendment route entirely, because the amended certificate is only available while the total stays within $150,000. Above it, the whole application starts again on the regular stream.
Assuming the small estate certificate covers everything. It reaches only the listed assets. A bank presented with a certificate that does not mention the account it holds is entitled to decline.
Relying on form numbers found in older material. The estates forms were consolidated and renumbered effective January 1, 2022, revised by O. Reg. 188/23 in July 2023, and revised again by O. Reg. 72/25 effective August 13, 2025. Guidance published before those dates frequently cites numbers that no longer exist, and at least one form has since been revoked. Confirm the current form against the regulation before filing.
Treating resealing and ancillary appointment as interchangeable. They are triggered by where the original appointment was granted, and applying under the wrong one produces a rejection.
Assuming a non-resident applicant can simply post a bond on an intestacy. Section 5 of the Estates Act restricts the grant itself rather than the security, which is a different problem with a different solution.
If you are not sure which certificate your estate needs, that is a short conversation rather than a research project. You can book a free call and we will tell you which route applies. Ask us whether you qualify for our Fixed-Fee Probate Service and No-Surprise Pricing Guarantee.
Frequently Asked Questions
How many types of probate certificate does Ontario issue?
Twelve, counting the Amended Small Estate Certificate separately. They are the appointment with a will, without a will, and with a will limited to the assets referred to in the will; the succeeding estate trustee certificate in each of those same three versions; the appointment of a foreign estate trustee's nominee as estate trustee without a will; the appointment of an estate trustee during litigation; confirmation by resealing; the ancillary appointment with a will; and the small estate certificate with its amended version.
Is the estate administration tax different for a small estate certificate?
No. The tax is calculated identically under both streams: nothing on the first $50,000, then $15 for each $1,000 or part of $1,000 above that. The small estate route can reduce professional fees and paperwork. It does not reduce the tax.
What is a certificate of appointment limited to the assets referred to in the will?
It is a certificate that covers only the assets dealt with by the will submitted for probate. It is the mechanism used where a deceased left multiple wills, allowing the primary will to be probated while assets governed by a secondary will remain outside the application.
Can I get a certificate if the estate trustee was appointed in another province?
Usually through resealing. A Confirmation by Resealing of Appointment of Estate Trustee is available where the original appointment came from a court in another Canadian province or territory, the United Kingdom, or a British possession. Appointments from other foreign courts go through the ancillary certificate route instead.
How long does the court take to issue a certificate?
Processing runs at roughly 5 business days on the small estate stream and about 15 business days on the regular stream, measured from filing a complete and correct application. Those figures describe court processing only, not the time taken to gather valuations, serve beneficiaries or arrange a bond.
Do I need a certificate at all?
Not always. Probate is required where an institution holding an asset demands it, or where real property has to be transferred and no exemption applies. Assets passing by survivorship or by a valid beneficiary designation do not pass through the estate, and a small estate held entirely in such assets may need no certificate.
This article provides general information about Ontario law and is not legal advice. Speak with a lawyer about your specific circumstances.
