If the deceased had a holographic will, the executor requires:
- Form 74F - Affidavit Regarding a Holograph Will or Codicil
If the deceased passed away without a will:
- Form 74G - Renunciation and Consent
- Form 74H - Consent
While form 74H was recently amended on April 1st, 2024 - O. Reg. 388/23, s. 1 (2). Estate trustees applying for a certificate of estate trustee without a will, requires 2 forms depending on the situation:
Form 74G (Renunciation) is mandatory when there are individuals who are entitled to be appointed as estate trustees but have chosen not to apply for the role themselves. This includes:
- If there is a will, every living person named in the will or codicil as an estate trustee who has not joined the application and is entitled to do so must provide a renunciation.
- If there is no will, every person who is entitled in priority or is in equal right to be named as estate trustee and who has not joined the application must renounce their right to be appointed.
Form 74H (Consent to the Applicant's Appointment) is required in situations where the applicant is not named as an estate trustee in the will or there is no will. It must be provided by:
- In the absence of a will, or if there is a will but the applicant is not named as an estate trustee in it, a consent form must be obtained from persons who are entitled to share in the distribution of the estate and who, together, hold a majority interest in the value of the estate's assets at the date of death.
If the decedent passed away without a will, the estate trustee applying for probate may require an estate administration bond, which in Ontario can be done in the form of a Personal surety or Insurance.
If a bond is needed you will need either of these forms:
- Form 74M - Personal Bond Sureties
- Form 74L - Insurance or Guarantee Company Bond
Step 2: Notify Beneficiaries of Application Submission
As part of the probate application process, you must share a copy of your completed application form with all individuals entitled to the estate, prominently including beneficiaries.
Ensure that the document you distribute is duly signed by you in the presence of an Ontario Commissioner for Taking Affidavits, who must also authenticate it.
Methods of Distribution:
Email: Directly to the beneficiary’s most recent email address.
Mail or Courier: To the beneficiary's latest physical address, utilizing standard postal service or courier options.
Special Considerations:
In cases where the estate includes minors or adults deemed incapable of managing their affairs, the application form should also be sent to relevant legal guardians or representatives. This typically involves:
For Minors: The Office of the Children’s Lawyer.
For Incapable Adults: The Office of the Public Guardian and Trustee.
Timing: Ensure all relevant parties have received the application form before you proceed with filing your application at the court.
Step 3: File and Apply for Probate with the Superior Court
You can file your application for probate in two (2) ways:
- E-filing via Email
- Physical filing at the superior court.
How to E-File for probate:
For those opting to file probate documents by email, adherence to the following streamlined protocol is mandatory:
Prepare final forms for submission: Alongside the required probate forms, complete an Information Form (information form can be found here). Email these to the court, including all requisite documents such as affidavits, consents, proof of death, time of death, renunciations, draft certificates, and motions.
*** Emails to the respective Superior Court of Justice probate division, can be found here: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/email-probate/ ***
Mandatory email subject line: Craft your email's subject to clearly state the court acronym, law area, court file number (if available), and document type.
For example:
"SCJ – ESTATES – ES-1234567 – Application for Certificate of Appointment of Estate Trustee"
"SCJ – ESTATES – new file – Application for Certificate of Appointment of Estate Trustee" Attachment Guidelines:
- Ensure each email, with attachments, is under 35MB.
- Attachments must be PDF format, with each PDF containing only one court form and labeled with the form number and document type.
- Original and Certified Documents: Submit originals (e.g., wills, bonds) and certified copies via mail or courier to the court location where the application was filed, or in person.
Payment of Estate Administration Tax:
Estate administration tax otherwise known as probate fees and filing fees should be sent by mail or courier, or paid in person by cheque, or over the phone via secure credit card transaction. Issuance of Probate Certificates: Certificates will be digitally issued and sent to the applicant's email.
Corrections and additions:
If notified by court staff of necessary corrections, resend documents via email. For additional document requests, follow court staff guidance on which can be emailed and which must be physically submitted.
How to physically apply for probate:
File at the correct court location: File your application and supporting documents at the Superior Court of Justice located in the county or district where the deceased resided at the time of death. For non-residents of Ontario, file where the deceased owned property within Ontario.
Estate Administration Tax: This tax is payable upon application submission. Acceptable payment methods include certified cheque, money order, bank draft, lawyers’ trust account cheques, and debit.
Reasonable to note: The estate administration tax is applied to estate with values of amounts in excess of $50,000. Levying a 1.5% fee on the gross estate value of over $50,000. To help you with your probate fee calculation, use our probate fee calculator:here
Submission Methods:
Mail: Send your application documents and tax payment to the designated court location.
In-Person: You may also choose to file your application directly at the court office, offering a more hands-on approach to ensure all documents are promptly received and processed.