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Form 74.1A explained, in plain words

Updated 2026-08-16 · 7 minute read · checked against official Ontario sources

Form 74.1A is the main form for a small estate probate application in Ontario. A small estate is one worth $150,000 or less on the day the person died. The form asks the Superior Court of Justice for a Small Estate Certificate — the court paper that proves who can deal with the estate. It is the longest form in the small-estate set, about 12 pages. But it only asks for facts: who died, who is applying, who inherits, what the estate holds, and what tax is owed. It is a sworn document — the person applying signs it under oath.

Who fills it in, who signs it

The applicant fills it in. That is the person asking to be the estate trustee — often the person the will names.

The form has an oath near the end. Its own words: “I MAKE OATH AND SAY (or AFFIRM) that the information contained in this application and in any attached schedules is true, to the best of my knowledge and belief.” The applicant swears this in front of a commissioner for taking affidavits. A commissioner is a person the law lets take oaths. Lawyers, paralegals and notaries all qualify. The commissioner signs the form too.

The swearing can happen in person or by video call. The form has a checkbox for each, and ready-made wording for video swearing under Ontario’s remote oath rule (O. Reg. 431/20).

Two more things the form itself says:

  • If there is more than one applicant, each one swears. The form says to attach a separate sheet for the extra affidavits.
  • Only the applicant signs the oath. One exception: if the applicant is a corporation, its trust officer signs. There is also a “filer” section for someone else who files the papers — but the oath is never theirs.

What the form asks for, part by part

The opening. One line naming the applicant or applicants. These are the names that appear all the way through the application.

Part 1 — the person who died. Full name, split into first, second, third and surname. A spot for “Alternate names” — other names, if the will or another document uses them. Then date and place of death, date of birth, last occupation, and home address at death. Two Yes/No questions: did they live in Ontario, and did they own property in Ontario. Marital status is “check all that apply.”

Part 2 — the will. Did the person die with a will? The will’s date, and the date of any codicil. A codicil is a signed add-on to a will.

Parts 3 and 4 — what the estate holds. Two lists, each with a “Value at date of death” column. Part 3 is real estate. The form’s own note says the value should be “net of encumbrances such as mortgages” — take the mortgage off first. It also says to leave out Ontario real estate held jointly that passes to the other owner, and any real estate outside Ontario. Part 4 is everything else — “household effects, bank accounts, investments.” Personal effects can be one entry. The form says to leave out money held jointly that passes to the other owner, and money that goes straight to a named person — for example life insurance, a pension plan, an RRSP, a RRIF or a TFSA. It also says: “Do not include bank account numbers.” Each list gets a total. Then one line adds them up: “TOTAL VALUE OF ESTATE.” That number must be $150,000 or less.

Part 5 — the right to apply. Checkboxes. Named as estate trustee in the will. Named as an alternate. Appointed by court order. Or not named, with reasons — for example, being the married spouse. If the will names a trustee who is not applying, the form asks who, and why not.

Part 6 — the beneficiaries. Three tables: people under 18, adults who are mentally incapable, and all other adults and charities. Each table asks for slightly different things. For a child: name, relationship to the person who died, date of birth, a parent or guardian’s contact details, and the value of the child’s share. For an incapable adult: name, relationship, the person legally acting for them — the form calls this the Guardian or Attorney, and says to write “None” if there is nobody — plus addresses and the value of the share. For everyone else: name, relationship, address, and email if available. Two rules come from the form itself. A middle name goes in the first-name column. And if a beneficiary’s name in the will is different, the row below gives the will’s name and the reason. Part 6 also asks two questions: could an unborn or unknown person have a share, and did a beneficiary (or their married spouse) witness the will or sign it for the person who made it.

Part 7 — relationships. Section A asks about marriage, separation and divorce. Everyone answers it. Section B is only for applications with a will — it asks about wills dated before 2022 and marriage after the will. Section C is only for applications without a will — it asks about a partner the person lived with, and about children.

Part 8 — declarations and promises. First, belief statements: the estate is not more than $150,000; nobody else has applied; and the attached will is the valid last will — or, with no will, that a careful search found none. Then a list of “I will” promises: send a copy of this application to every person entitled to a share; wait at least 30 days after sending before filing; file the originals with the court; return to court if new assets turn up; administer the estate according to the law; keep records; and give an accounting when required. Part 8 also names the court location, and why — usually because the person lived in that county or district.

Part 9 — the estate tax. Check one box. Either the estate is $50,000 or less — then there is no tax. Or it is more, and the tax deposit comes in with the application. There are also boxes to ask the court to defer the tax, or to pay it on an estimated value for now. The tax is $15 for each $1,000 over $50,000, and a part-thousand counts as a full $1,000.

Part 10 — bond. A bond is a money guarantee the court can ask for, to protect the estate. On the simple path it usually does not come up. The form lists when it does — for example, an applicant living outside Canada and the Commonwealth — and the ways to deal with it.

The last pages. The applicant’s contact details, the filer section, the swearing block, and a one-page NOTICE. The NOTICE goes out with every copy of the application. It tells each person they can object, and that the certificate may be issued as early as 30 days after the notice was sent.

Mistakes that get this form bounced

Court staff read the form closely. If something is wrong, the package comes back. These are the known traps on this form:

  1. Names that don’t match. The will says one name, the death certificate another, the form a third. The form has proper places for extra names — the Part 1 alternate-names rows, the Part 6 name-in-the-will row, and the applicant’s own name-difference line. Mixing names between pages, instead of using those spots, gets packages sent back.

  2. Listing money that doesn’t belong. The form’s own headings say to leave out jointly held property that passes to the other owner, and money that goes straight to a named person — life insurance, pensions, RRSPs, TFSAs. Real estate goes in after the mortgage comes off. Extra items push the total up — which means the wrong tax, and maybe the wrong path.

  3. Math that doesn’t add up. The rows must add to each total, and the totals must fit the box checked in Part 9. Over $50,000, the tax rounds a part-thousand up before multiplying by $15 — and the payment sent with the application must match that math. The free calculator shows the worked math.

  4. Filing too soon. The 30-day wait in Part 8 is a real rule, not just a promise on the form. The application may not be filed until at least 30 days after the copies went out to everyone entitled to a share.

  5. Swearing problems. A missing commissioner signature, an empty date line, an unticked in-person-or-video box — or no separate affidavit sheet when there is a second applicant. Every one of these is an easy bounce.

Where to get it and where it goes

The court publishes Form 74.1A as a free Word file on the official court forms site. The version tag — “RCP-E 74.1A” plus a date — is printed at the end of the form itself. Forms change, so the current version is the one on that page — not a copy from some other website. The forms page also explains how to tick the checkboxes in Word and how to add more rows to the tables.

The finished form is filed at the Superior Court of Justice office for the county or district where the person lived when they died. It never goes alone. It is filed together with Form 74.1B (the request to file), proof of death, and a draft certificate (Form 74.1C) with a copy of the will attached. Where there is a will, the original will goes to the court too, marked as an exhibit to a witness’s affidavit (Form 74D).

Court offices accept the application by email, by mail or courier, or in person. Email filing has its own rules: attachments must be PDF, one form per PDF, and each email has to stay under both published size limits — 35 pages and 35 MB. Two things can never be emailed: the original will travels on paper, and the tax payment goes in person or by mail or courier. If the application is granted, the certificate arrives by email. The court’s own guidance says applications are typically processed within 15 business days — longer if something is missing. Our courthouse list has the checked address and estates email for 20 Ontario locations.

Sources

Sources last checked 14 July 2026.

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