The Executor’s Guide to Probate in Ontario

Arted Yzeiri
Aug 25
2 min read

Handling the affairs of someone who has passed away comes with responsibilities that can seem complex at first. In Ontario, one of the key steps is probate. This is the legal process that confirms the validity of a will and authorizes the named estate trustee to carry out their duties.

Understanding how the process works and how recent changes may affect your application can make what seems like a legal maze far more manageable.

Who Can Apply for Probate

In most cases, the person named as executor in the will applies for probate. If there is no will or no executor named, Ontario law sets out an order of priority. This usually begins with the spouse or common-law partner, followed by close family members. In some situations, the Office of the Public Guardian and Trustee may be appointed instead.

Key Documents and Forms

Before applying for probate, the estate trustee will need to gather several core documents:

The original will and any codicils
A death certificate or other official proof of death
An inventory of all estate assets (real estate, bank accounts, investments, personal property)
Court forms, including Form 74A (Application for a Certificate of Appointment of Estate Trustee) and supporting affidavits

Additional forms may apply depending on the situation. For example, handwritten wills require Form 74F. If the applicant is not named in the will, or if there is no will, Form 74G may be required. In some cases, the court may also require a bond.

Serving Notice to Beneficiaries

Before the application is filed, all adult beneficiaries must receive notice of the application. This is generally done via Form 74A or another applicable version. Notice can be served by email, mail, or courier. If a beneficiary is a minor or lacks mental capacity, notice must also be served on the Children’s Lawyer or the Public Guardian and Trustee, as appropriate.

Filing with the Superior Court

Probate applications must be submitted to the Superior Court of Justice in the jurisdiction where the deceased lived. If the deceased lived outside Ontario, the application is filed in the jurisdiction where they held property. Applications can be filed in person or electronically. Payment of the Estate Administration Tax must be included.

Recent Changes to the Probate Process

Effective August 13, 2025, Ontario Regulation 72/25 introduced several updates that streamline and clarify the process:

Clearer rules about when a bond is required
Expanded service requirements for legal guardians, the Children’s Lawyer, and the Public Guardian and Trustee
Improved information for beneficiaries, particularly regarding Notices of Objection and the legal effect of a probate certificate
Simplified notice and filing steps that reduce redundancy

These changes are intended to make the process more efficient and easier to navigate, especially for individuals handling estates without prior experience.

Final Notes

Probate does not need to be overwhelming. With the right preparation and an understanding of what is required, it becomes a structured and manageable process. Ensuring that all documents are complete, notices properly served, and forms correctly filed can help avoid delays or complications.

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