Where Do You File for Probate in Ontario? A Courthouse Guide by Region
Probate applications in Ontario are filed with the Superior Court of Justice in the county or district where the deceased lived at the time of death. Not where the executor lives, not where the beneficiaries live, and not where the assets are. If the deceased was not living in Ontario when they died, the application goes to the court location where they owned Ontario property instead. That single rule resolves most of the confusion, and since applications can now be filed by email, the physical courthouse matters less than it used to. Here is the rule in full, the offices serving the province's busiest regions, and the situations where the answer is not obvious.
The Rule That Decides Where You File
Two sentences cover almost every estate.
If the deceased lived in Ontario: file in the county or district where they lived at the time of death.
If the deceased did not live in Ontario: file at the court location where their Ontario property is located.
Residence means where the person actually lived, not where they were staying temporarily and not where they happened to die. Someone who lived in Hamilton for thirty years and died in a Toronto hospital is a Hamilton estate. Someone who moved into a long-term care home in Peel two years before death may well have established residence there, but that turns on whether the move was settled and permanent, and it is the more common source of genuine doubt.
The Estates Offices for Ontario's Busiest Regions
| Region | Courthouse | Address |
|---|---|---|
| Toronto | Superior Court of Justice, Toronto | 330 University Avenue, 9th floor, Toronto, ON M5G 1R7 |
| Peel: Brampton, Mississauga, Caledon | A. Grenville and William Davis Courthouse | 7755 Hurontario Street, Brampton, ON L6W 4T1 |
| Ottawa | Ottawa Courthouse | 161 Elgin Street, Ottawa, ON K2P 2K1 |
| Hamilton | John Sopinka Courthouse | 45 Main Street East, Hamilton, ON L8N 2B7 |
Estates filings in Toronto go to the ninth floor at 330 University Avenue, which is a different building from the criminal and family courthouse at 361 University and a different counter from the civil office. Executors regularly arrive at the wrong one.
Every other county and district has its own estates counter, and the Ministry of the Attorney General publishes a court locations directory covering all of them with current addresses, telephone numbers, and counter hours. Check the hours before travelling. Estates counters frequently operate on shorter hours than the courthouse itself.
You Can File by Email Instead
This is the part most executors do not know, and it changes the calculation entirely.
Applications for a Certificate of Appointment of Estate Trustee and for a Small Estate Certificate can be filed with the Superior Court of Justice by email, following the process set out in the court's Consolidated Civil Provincial Practice Direction. Mail and in-person filing remain available.
Filing by email means the geography of the correct courthouse becomes an addressing question rather than a travel question. It also changes how you receive the result: if you file by email, court staff correspond with you by email and the certificate itself is emailed to you when issued. File by mail and the certificate comes back by mail.
The physical documents still matter. The original will has to reach the court, and the Estate Administration Tax has to be paid, which is why the email route does not remove every trip or every piece of paper.
Where the Answer Is Not Obvious
The deceased was in long-term care or hospital away from home. Residence is a question of where their life was based, not where the bed was. Where a person gave up a home and settled permanently into care in another region, that region is usually the answer. Where the stay was temporary or the home was kept, it usually is not.
They split the year between two places. Snowbirds and people with a cottage they treated as a second home need the question answered properly, because filing in the wrong location wastes weeks.
They lived outside Ontario but owned Ontario property. File where the property is. If they owned property in more than one Ontario county, the choice needs thought.
They died abroad. The analysis turns on residence and on where the Ontario assets are, and cross-border estates often need advice before anything is filed.
The estate is heading for a dispute. Contested estates proceedings in the Toronto Region are managed on the Estates List, a dedicated group of judges hearing estate, trust, and capacity matters. That is a litigation route rather than a filing counter, and it does not change where a routine application for a certificate is filed.
What Happens After You File
Court staff search the estate court records to establish whether anyone else has applied for the same estate, whether an objection has been filed, and whether a more recent will has been deposited with the court than the one you filed.
A complete regular application is typically processed in about 15 business days, and a small estate application in about 5. Incomplete material, or material raising an issue that needs a judge, takes longer.
If something is wrong, you receive a written registrar's notice identifying the problem. Where the issue is missing documents or evidence, you can usually file corrected material rather than starting again. Our overview of how to apply for probate in Ontario walks through the sequence, and our guide to Ontario probate forms covers what has to be in the package.
Frequently Asked Questions
Which courthouse do I file my probate application at in Ontario?
The Superior Court of Justice in the county or district where the deceased lived at the time of death. If they were not living in Ontario, file at the court location where their Ontario property is located.
Can I file a probate application by email in Ontario?
Yes. Applications for both a Certificate of Appointment of Estate Trustee and a Small Estate Certificate can be filed by email, following the process in the Superior Court of Justice's Consolidated Civil Provincial Practice Direction. If you file by email, the certificate is emailed back to you when issued.
Where is the estates office in Toronto?
Estates matters are handled at 330 University Avenue on the ninth floor. This is a separate building from the criminal and family courthouse at 361 University Avenue, and a separate counter from the civil trial office in the same building.
What if the deceased lived in one city but died in another?
You file where they lived, not where they died. A stay in a hospital or a temporary stay elsewhere does not change the county of residence. A permanent move into long-term care usually does.
Does it matter which courthouse I file at?
Yes. Filing in the wrong location generally means the material comes back and the application starts over in the correct one, which costs weeks. If residence is genuinely unclear, resolve it before filing rather than after.
How long does the court take once I have filed?
About 15 business days for a complete regular application and about 5 for a complete small estate application. Missing evidence or an issue requiring a judge extends that, sometimes considerably.
If residence is ambiguous, or the estate spans more than one jurisdiction, filing in the wrong place is an expensive way to find out. Book a free call and we will confirm where your application belongs before it goes anywhere.
This article provides general information about Ontario law and is not legal advice. Speak with a lawyer about your specific circumstances.