I’ve been named estate trustee in a will. How do I apply for a certificate?
3. Send in the probate application
You have to file your probate application with the Estate Registrar at the Superior Court of Justice in the area where the person lived or owned .
The email addresses for each court location are on the Superior Court of Justice website.
If you file by email, you must follow these rules:
- The subject line must indicate the acronym for the court, the area of law, court file number if there is one, and type of document, for example:
- SCJ – ESTATES – ES-1234567 – Application for Certificate of Appointment of Estate Trustee
- SCJ – ESTATES – new file – Application for Certificate of Appointment of Estate Trustee
- Each email, with attachments, cannot be more than 35 MB.
- Document attachments must be in Portable Document Format (PDF).
- Each PDF must be only one court form and must have a name that gives the court form number and type of document, for example, Form 74.10 Affidavit of Condition of Will.
You also need to fill out an Information Form. List everything you included with your application. For example:
- each of the signed forms you filled out
- the death certificate
- the original signed will and any codicils
- a copy of the signed will and any codicils
- Affidavits of Service that were sent to the
- a certified cheque or bank draft for the administration tax
You must send original documents and certified copies by mail or courier. They cannot be sent by email.
Pay the estate administration tax
You must pay the estate administration tax by mail or courier. This is often called the probate fees. The amount of the tax is based on how much the estate is worth. In Ontario, probate fees are $15 for every $1,000 of over $50,000.
You can use the government's estate administration tax calculator to get an idea of the probate fees you have to pay.