February 24, 2026

How to Apply for Probate in Ontario: A Step-by-Step Guide

A clear, step-by-step guide to applying for probate in Ontario: gathering documents, completing the forms, paying Estate Administration Tax, and filing.

Applying for probate can feel overwhelming when you are already coping with loss. Still, the process breaks down into a clear set of steps, and once they make sense, it becomes far more manageable.

A quick overview before you start

In Ontario, probate is the court process that confirms who has authority to manage an estate. When you apply, you are asking the Superior Court of Justice (Ontario's main court, which handles estates) to issue a Certificate of Appointment of Estate Trustee - the official document that proves you can act for the estate. The person named to run the estate is the estate trustee, a role you may know by its older name, the executor.

There are six main steps, and we will walk through each one:

• Locate the will and gather your documents.
• Complete the application for a Certificate of Appointment.
• Calculate and pay the Estate Administration Tax.
• File the application with the Superior Court of Justice.
• Wait for the court to issue your Certificate.
• File the Estate Information Return within 180 days.

Taken on its own, no single step is complicated, but each one has to be done carefully and in order. Rushing tends to create errors that the court sends back, which only slows things down. If your estate includes real estate, a business, or any family disagreement, it is wise to get a lawyer involved from the start.

Step 1: Locate the will and gather your documents

Start by finding the original will - not a photocopy. The court needs the original, signed document. If there is no will, a different application applies, and the estate is distributed under Ontario's intestacy rules - the law's fixed order for deciding who inherits when there is no will - rather than by the deceased's wishes.

While you are at it, pull together the core paperwork:

• The original will and any codicils (formal amendments to a will).
• The proof of death or death certificate.
• A full list of the estate's assets, with a value for each as of the date of death.
• The names and addresses of the beneficiaries - the people who inherit under the will.

Accurate values matter, because they determine the tax you will pay and the numbers you swear to in the application. Take the time to get real figures from banks, investment firms, and, for real estate, an appraisal or a realistic market estimate.

Where to look for the will

If you are not certain where the will is kept, the most common places to check are a home safe or filing cabinet, a bank safety deposit box, and the office of the lawyer who prepared it. Many lawyers store the original will in safekeeping for their clients, so it is worth calling any lawyer the person is known to have used.

Step 2: Complete the application forms

Ontario uses a set of court forms in the Form 74 series for probate applications. The forms ask about the deceased, the will, the estate trustee, the value of the estate, and the beneficiaries. You will sign an affidavit - a sworn written statement - confirming the information is true.

Serving notice on the beneficiaries

Before you file, the law requires you to give notice to everyone entitled to a share of the estate. Put simply, you must let the beneficiaries know that you are applying to be confirmed as estate trustee. You then file proof that this notice was sent. This step protects everyone by making sure interested people are aware of the application.

Getting the details right

Small errors here cause big delays. Double-check names, dates, and dollar figures, and make sure every affidavit is properly sworn or affirmed before a commissioner for taking affidavits (a person authorized to witness sworn statements, such as a lawyer or notary). A complete, accurate package is the fastest path through the court.

Step 3: Calculate and pay the Estate Administration Tax

The Estate Administration Tax (EAT), often called probate fees, is based on the value of the estate. Ontario's formula is straightforward:

• No tax on the first $50,000 of estate value.
• $15 for every $1,000 (or part of $1,000) of value above $50,000.
• As a rough guide, that works out to about 1.5% of the value over $50,000.

For example, a $300,000 estate pays $3,750 in Estate Administration Tax. The tax is generally paid when you file the application. If you want to run your own numbers, our probate fee calculator guide walks through the math in more detail.

Which assets count toward the tax

The tax is based on the value of the assets that pass through the estate - generally the things owned in the deceased's name alone. Assets that pass outside the estate, such as jointly-owned property or accounts with a named beneficiary, are usually not included in that value. Getting this distinction right keeps your tax calculation accurate.

Step 4: File with the Superior Court of Justice

You file the completed application, the original will, your proof of notice, and payment of the Estate Administration Tax with the Superior Court of Justice. The estate is filed in the court location for the area where the deceased lived, so you do not get to pick a faster courthouse.

Before you send everything in, confirm you have:

• The complete set of application forms, signed and sworn.
• The original will (and any codicils).
• Proof that notice was served on the beneficiaries.
• Payment of the Estate Administration Tax.

Step 5: Wait for your Certificate

Once filed, the court reviews the application. Processing times vary by court location - some issue the Certificate in a few weeks, others take a few months. A clean application moves faster; a file with missing information can be returned, which adds weeks. When the court is satisfied, it issues your Certificate of Appointment of Estate Trustee.

With the Certificate in hand, you can finally deal with the assets that were locked - transferring or selling real estate, closing solely-owned accounts, and gathering the estate together so it can be distributed.

Provide certified copies of the Certificate to each institution that asked for one. A bank or land office will usually want to see the Certificate before it releases funds or registers a transfer, so keep several copies on hand as you work through the estate.

Step 6: File the Estate Information Return (within 180 days)

Your job is not quite done when the Certificate arrives. Within 180 calendar days after the Certificate is issued, you must file an Estate Information Return with the Ontario Ministry of Finance. This return reports the estate's assets and the values you used to calculate the Estate Administration Tax.

Treat this deadline seriously. It is a legal filing requirement, and missing it can create problems for you as the estate trustee. Mark the date as soon as you receive the Certificate.

Key Takeaways

• Probate follows six clear steps, from gathering documents to filing the Estate Information Return.
• The court needs the original will, not a photocopy.
• You must serve notice on the beneficiaries before filing.
• Estate Administration Tax is $0 on the first $50,000, then $15 per $1,000 above that - a $300,000 estate pays $3,750.
• You have 180 days after the Certificate is issued to file the Estate Information Return.
• This is general information about the Ontario process, not legal advice for your estate.