How to probate a will in Ontario, step by step

If the person who died left a signed will naming you as executor, you can apply for probate yourself. Here is the whole sequence, in order, with the traps marked.

Step 1 — Gather three things

1. The original will (and any codicils — short add-on pages). The court requires the original, not a copy. Check for an “affidavit of execution” stapled to it — a sworn page from a witness. If it’s missing, a witness will need to swear Form 74D now.
2. Proof of death — usually the death certificate.
3. A list of everything the person owned in their own name on the day they died, with values: accounts, investments, vehicles, real estate (and its mortgage), belongings.

Trap: values must be as of the date of death, not today. For the full list and where to get each item, see the documents you need for probate.

Step 2 — Pick your stream

Estate worth $150,000 or less? You can use the simpler small-estate process (Form 74.1A) — shorter forms, but a mandatory 30-day notice wait. Worth more, or you prefer the full process? Standard stream (Form 74A). Our guide to small estates covers the differences.

Step 3 — Fill in the forms

For a standard application with a will, that’s at minimum: Form 74A (the application), Form 74B (proof you served people), and Form 74C (the draft certificate). Add Form 74D if the will lacks its affidavit of execution, and Form 74G if a co-executor is stepping aside. The complete forms list explains each one.

Traps: the person’s name must appear exactly as it does on the death certificate — and if the will spells it differently, the application lists both. Every date, every value, and every name must match across all forms.

Step 4 — Notify everyone entitled to a share

Before filing, you must serve a copy of the application — including a copy of the will — on every person entitled to share in the estate. That includes charities left gifts and people who inherit only if someone else dies first. Service can be by email, mail, courier, or in person.

Traps: a beneficiary under 18 means documents go to the Children’s Lawyer — and it means your estate has left do-it-yourself territory; see a lawyer. Small-estate stream: you must then wait at least 30 days before filing.

Step 5 — File with the right court

File at the Superior Court of Justice in the county or district where the person lived. Ontario accepts probate filings by email to court-specific estates addresses — with an information form, PDFs named the court’s way, and size limits. Mail and in-person filing also work. The original will travels on paper no matter how you file, and your Estate Administration Tax deposit is paid at filing (work out the amount). The email route has its own rules — our guide to applying for probate online walks through them.

Step 6 — Wait, and answer anything the court sends

Court staff review the application. If something’s wrong, they return it or send a notice; you fix and resubmit — and wait again. If everything’s right, the certificate issues, signed by the registrar.

Step 7 — After the certificate

• Show it to banks, the land registry, and other asset holders.
• File the Estate Information Return with the Ministry of Finance within 180 days — see our tax guide.
• Then the real executor work begins: paying debts, distributing, keeping accounts — see executor duties.

When to stop and get a lawyer

Be honest with yourself at step 1. No will? Handwritten will? Marks and changes on the will? A child or a mentally incapable adult inheriting? Someone threatening to fight? An executor living outside Canada? Each of those takes the estate beyond safe do-it-yourself. A lawyer is worth it there — and any good tool should tell you so.

Sources

• Apply for probate of an estate (ontario.ca)
• Rules of Civil Procedure, r. 74.04 (service) and r. 74.1 (small estates)
• Official court forms
• Filing probate documents by email (court services instructions)

All sources checked 14 July 2026.