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The documents you need for probate in Ontario

Updated 2026-08-17 · 6 minute read · checked against official Ontario sources

You want to start probate. Then you look at the pile of papers and stop. Most people pause right here, and that is normal. Here is the good news: the list is short. Five things. This guide walks through each one — what it is, why the court wants it, and where to get it.

The short list

  • The will — the original, with the real ink signatures
  • Proof of death — one paper
  • What they owned, and what it was worth on the day they died
  • The people who inherit — names and a way to reach them
  • Your own name, spelled the way your ID spells it

You do not need all of it on day one. Gather as you go. But you will need all of it before you file.

1. The will — the original, not a copy

The court needs the will itself: the paper the person signed in ink. A photocopy, a scan, or a photo cannot be filed in its place.

The original will is attached to a short sworn paper and filed with your application. Even when the rest of the application goes to the court by email, the original will still travels on paper — you bring it in, or send it by mail or courier.

The will stays in the court file. So make copies for yourself before you file. And treat the original gently: keep it flat, and do not staple anything new to it.

Can’t find it? Look in a safety deposit box or a locked drawer. Ask family who might know. If a law office made the will, call them. You can also ask the court office — some people leave their will there for safekeeping. If the will truly cannot be found, a lawyer is the right help. The Law Society Referral Service can set you up with a free half-hour consultation.

2. Proof of death

The court asks for proof that the person died. It is filed with your application. The funeral home’s paper may be accepted — we cannot promise that. The government death certificate is the safe choice.

Our guide on getting a death certificate explains the two kinds of death paper, what each costs, and which one you need.

Keep this paper beside you while you fill anything in. Its spelling and dates are the ones your court papers must match.

3. What they owned, and what it was worth on the day they died

The application lists everything the person owned, with values. The day that matters is the day they died. Values are what each thing could sell for on that exact day.

Two big things ride on this number:

  • The tax. Ontario charges estate administration tax on the estate’s value: nothing on the first $50,000, then $15 for every $1,000 above that. Our free calculator shows the math.
  • The path. Estates of $150,000 or less can use Ontario’s simpler small estate process. Bigger estates use the standard one.

So gather numbers for each thing in the person’s name:

  • A home, condo, or land — plus any mortgage or lien registered against it. A registered mortgage is the one deduction the tax allows. Credit cards, car loans, and funeral costs are not.
  • Bank and credit union accounts — ask each bank what the account held on the date of death.
  • Investments — stocks, bonds, mutual funds.
  • Savings plans and life insurance — RRSPs, RRIFs, TFSAs, policies. If a living person is named on the plan or policy, it usually skips the estate and does not count.
  • Vehicles and everything else — cars, boats, furniture, tools, money someone owed them.

Some things do not count at all: property owned jointly that passes to the surviving owner, and plans or insurance paid to a named living person. Our guide on when probate is required covers what counts and what does not.

Rough numbers are fine while you plan. Get real statements before you file, because you swear the values are true.

4. The people who inherit

“Beneficiary” is the court’s word for anyone the will gives something to. Every one of them must get a copy of your application before you file it — Ontario’s guidance says so plainly. Charities count too. And that includes you, if the will gives you something.

For each person, gather:

  • their full name;
  • the last mailing address or email you know of.

The court asks only for the last contact you know of. An old address is okay if it is the most recent you have. An address outside Ontario — or outside Canada — is fine. Email is fine.

One timing note: on the small estate path, you must wait 30 days after sending the copies before you can file. Build that into your plan.

If someone truly cannot be reached at all, that is a harder case — a lawyer is the right help there.

5. The signing details — date and witnesses

A typed will is normally signed in front of witnesses, who sign it too. The court asks for proof of that signing. The usual proof is Form 74D, called an Affidavit of Execution — a short sworn paper from one of the witnesses, with the original will attached to it.

So find out:

  • the date the will was signed — it appears on almost every paper in the application;
  • who the witnesses were, and how to reach one of them.

Look through the papers kept with the will first. If a page called “Affidavit of Execution” is already there, keep it safe — it may be the proof you need.

Honest flags: if no witnesses signed, or only one did, or something on the will is crossed out or changed by hand — stop and talk to a lawyer first. Those wills need a professional’s eyes before any application.

Your own name — one last check

Your legal name goes on the court papers too, and it must match your ID. Use the name on your government ID — a driver’s licence or health card works.

Then apply the golden rule of the whole application: every name and every date must match your documents exactly. Before you sign anything, put the will and the death paper beside the forms and compare, letter by letter. Mismatched names are one of the ways applications get sent back.

A few more details worth noting down

While the papers are out, note these — the court’s form has boxes for them:

  • their date of birth;
  • their last job (if they were retired, the job before retiring);
  • their home address on the day they died.

The address matters more than it looks. The application is filed at the court for the county or district where the person lived when they died. Our courthouse finder turns the address into the right courthouse.

What you do not need

You do not need to buy the court forms — the court publishes them free. Our complete forms list links every one and says what each is for. And nothing here has to be perfect on day one. Make a folder, gather at your own pace, and check items off as they come in.

The takeaway

Five things: the original will, proof of death, day-of-death values, the people who inherit, and your ID name. Once they sit in one folder, the application itself is careful copying — our step-by-step guide shows the whole path.

Sources

Every fact above is checked against these official pages on the dates recorded in our rule audit — most recently 14 July 2026 for the filing and tax rules, with the ontario.ca probate pages re-read 17 August 2026.

This guide is legal information, not legal advice. For advice about your specific situation, consult a lawyer licensed in Ontario.