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§ Probate§ Wills and estates§ Ontario§ Estate administration

How Do I Apply for Probate in Ontario?

3 min read
The short answer In Ontario, applying for probate, formally a Certificate of Appointment of Estate Trustee, means filing Form 74A with the Superior Court of Justice in the county where the deceased lived. You need the original will, notice to beneficiaries, and payment of the Estate Administration Tax. Estates worth $150,000 or less can use a simplified small estate process instead.

The steps to apply for probate in Ontario

Probate in Ontario is the court process used to ask the Superior Court of Justice to either appoint someone as estate trustee, confirm the validity of a will, or both. Formally, this is called applying for a Certificate of Appointment of Estate Trustee. The process below applies whether or not there’s a will, though the specific form differs.

  1. Confirm who has the right to apply
  2. Choose the correct probate stream for the estate’s value
  3. Complete the application forms and gather the original will
  4. Give notice to beneficiaries (and the Children’s Lawyer, if applicable)
  5. Calculate and prepare payment of the Estate Administration Tax
  6. File the application at the correct Superior Court of Justice location
  7. Wait for processing and receive the Certificate

Before you start

Before filing anything, locate the deceased’s original will (a photocopy is not sufficient for most applications) and get a reasonable estimate of the estate’s total value, since this determines both which process applies and how much tax is payable.

Step 1: Confirm who has the right to apply

If there is a will, the person named in it as estate trustee is typically the one who applies for probate. If there is no will, the deceased’s spouse or common-law partner has the first right to apply, followed by a close adult relative. This order comes from the Rules of Civil Procedure governing who may seek an appointment as estate trustee.

Step 2: Choose the correct probate stream

Ontario has two probate streams. If the estate is valued at $150,000 or less, the applicant can use the optional, simplified small estate process. For estates of any value, including those above $150,000, the applicant uses the regular process: an Application for a Certificate of Appointment of Estate Trustee.

Step 3: Complete the forms and gather the original will

For the regular process, applicants complete Form 74A, Application for a Certificate of Appointment of Estate Trustee. If there is a will, the application must include an affidavit attaching the deceased’s original will, such as an Affidavit of Execution of Will or Codicil (Form 74D). The court needs the original document, not a copy, to confirm the will’s validity.

Step 4: Give notice to beneficiaries and the Children’s Lawyer

The applicant must give notice of the probate application to every beneficiary named in the will (or entitled to share in the estate if there’s no will), and then file an Affidavit of Service (Form 74B) confirming that notice was given. If any beneficiary is under 18, the applicant must also serve the Office of the Children’s Lawyer, a government office that protects the interests of minors in estate matters.

A bond may also be required of the estate trustee under the Estates Act, unless the court agrees to dispense with it. This is more common where there’s no will or where the named estate trustee isn’t a resident of Ontario.

Step 5: Calculate and prepare the Estate Administration Tax

The Estate Administration Tax is paid as a deposit when the application is filed. If no certificate is applied for or issued, no tax is owed at all, since the tax is tied to obtaining the certificate rather than to the estate itself. There’s no tax on the first $50,000 of estate value; above that, the rate is $15 per $1,000 (or part of $1,000) of the value exceeding $50,000.

Note that this tax is separate from any court filing fees, since the Estate Administration Tax is not itself a court fee.

If the estate’s total value can’t yet be finally pinned down (for example, while a property sale or investment valuation is pending), the applicant can give an undertaking in the application to file a sworn statement of the total value and pay any balance of tax owing within six months.

Step 6: File at the correct Superior Court of Justice location

Applications are filed at the Superior Court of Justice in the county or district where the deceased lived at the time of death. If the deceased wasn’t a resident of Ontario, the application is filed where they owned real property in Ontario.

Step 7: Wait for processing and receive the Certificate

Regular probate applications are typically processed within 15 business days, unless documents are missing or an issue needs a judge’s decision. Once granted, the Certificate of Appointment of Estate Trustee gives the holder legal authority to manage the estate’s assets and pay its debts.

Frequently asked questions

Do all Ontario estates need probate?

Not necessarily. This article covers how to apply where probate is needed; whether a particular estate requires it depends on what assets it holds and how they're titled, which is a separate question from the application steps described here.

What is the Estate Administration Tax and is it a court fee?

In Ontario, the Estate Administration Tax is a deposit paid when you apply for a Certificate of Appointment of Estate Trustee; it is not itself a court fee. There is no tax on the first $50,000 of estate value, and $15 per $1,000 (or part) above that.

How long does an Ontario probate application take?

In Ontario, applications are typically processed within 15 business days, though this can take longer if documents are missing or if an issue needs to go before a judge.

What if I don't know the exact value of the estate yet?

In Ontario, you can give an undertaking in the application to file a sworn statement of the estate's final value and pay any additional tax owing within six months.

Sources

  1. Ontario.ca – Apply for probate of an estate , Rules of Civil Procedure, RRO 1990, Reg 194, r 74 (retrieved July 17, 2026)
  2. Ontario.ca – Probate of a small estate , Rules of Civil Procedure, RRO 1990, Reg 194, rr 74 and 74.1 (retrieved July 17, 2026)
  3. Steps to Justice – Fill out the probate application form , Rules of Civil Procedure, RRO 1990, Reg 194, r 74.04, Form 74A (retrieved July 17, 2026)
  4. Steps to Justice – Tell the beneficiaries , Rules of Civil Procedure, RRO 1990, Reg 194, r 74.04(4)-(5) (retrieved July 17, 2026)
  5. Ontario.ca – Office of the Children's Lawyer and estates and trusts matters , Rules of Civil Procedure, RRO 1990, Reg 194, rr 74.04(4), 74.05(3) (retrieved July 17, 2026)
  6. Steps to Justice – Apply to be estate trustee , Rules of Civil Procedure, RRO 1990, Reg 194, r 74.04(1) (retrieved July 17, 2026)
  7. Ontario.ca – Administering estates , Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, s 4(1) (retrieved July 17, 2026)
  8. Ontario Budget – Ministry of Finance (Fall Statement provisions) , Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, s 2 (retrieved July 17, 2026)
  9. Ontario.ca – Calculating Estate Administration Tax , Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, s 4(1); Rules of Civil Procedure, RRO 1990, Reg 194, Form 74A Part 9 (retrieved July 17, 2026)
  10. Ontario.ca – Civil court fees , Administration of Justice Act, RSO 1990, c A.6; O Reg 293/92 (retrieved July 17, 2026)