Most of the time in a probate application is spent collecting information, not drafting forms. If you arrive at the first meeting with the items below, the application can usually be ready to sign within a couple of weeks. Bring what you have; we can tell you how to get the rest.
About the deceased
- Full legal name, and any other names used on accounts or property
- Date of birth, and date and place of death
- Last address, and how long they lived in Ontario
- Marital status at death, and whether they were separated
- Names of a spouse and all children, including any who died before them and any from previous relationships
Documents
- The original will and any codicils, not photocopies
- Proof of death: the death certificate from ServiceOntario, or the funeral director's statement of death
- Marriage certificate, separation agreement or divorce order, where relevant to who inherits
- Two pieces of government identification for the person applying as estate trustee
Assets, with values at the date of death
- Real estate: address, the deed or a recent tax bill, the mortgage statement, and an appraisal or realtor's opinion of value
- Bank accounts: date-of-death balance confirmation from each institution, and whether the account was joint
- Investments and RRSPs, RRIFs, TFSAs and pensions: statements at the date of death, and the named beneficiary on each
- Life insurance: policy and beneficiary designation
- Vehicles: ownership document and an estimate of value
- Business interests: shareholdings, partnership agreements, recent financial statements
- Personal property and household contents: an honest overall estimate is enough for most estates
- Money owed to the deceased, and any digital assets or accounts of value
Why the values matter. The Estate Administration Tax is calculated on these figures, they are sworn to in the application, and they are reported again in the Estate Information Return. Values that are guessed low and corrected later create extra filings and can attract interest. Estimate the tax.
Debts
- Mortgage statement for each property
- Credit cards, lines of credit and loans, with the balance at death
- Unpaid income tax or instalments, and the last filed tax return
- Funeral invoice and any bills paid by family members on the estate's behalf
Only a mortgage registered against Ontario real estate reduces the value for tax purposes, but every debt matters for the administration that follows.
Beneficiaries
- Full legal name and current mailing address of every person or charity named in the will
- Date of birth of any beneficiary under 18
- Contact details for anyone who would inherit if there were no will, where the will is being challenged or is unclear
Common questions
Yes. The court requires the original will and any codicils. If only a copy can be found, it may still be possible to prove the will, but that requires additional evidence about where the original was last kept and what happened to it, and it takes longer.
From ServiceOntario, online or in person, once the death has been registered by the funeral home. The funeral director's proof of death is accepted by many institutions in the meantime, and the court will accept either for a probate application.
At fair market value on the date of death. Banks and investment firms will confirm date-of-death balances in writing. Real estate is usually supported by an appraisal or a realtor's written opinion of value. For Ontario real estate, a mortgage registered against the property is deducted; other debts are not.
Each beneficiary's full legal name, current address and relationship to the deceased, and the date of birth of anyone under 18. The court requires that every beneficiary be served with notice of the application before it is filed.