Certificate of Appointment of Estate Trustee in Ontario (Form 74A): How Probate Works

Last updated: October 13, 2026

Certificate of Appointment of Estate Trustee in Ontario (Form 74A): How Probate Works

Quick answer: In Ontario, "probate" means applying to the Superior Court of Justice for a certificate of appointment of estate trustee. One form covers every case: Form 74A, with a will, with a will limited to certain assets, or without a will. You swear Form 74A, serve it with the will on everyone entitled to share in the estate, then swear an affidavit of service (Form 74B) and file the package with the estate administration tax deposit. Both forms print a video-conference jurat, and Minute Notary commissions them online for $24.95 per seal plus HST. We do not prepare the application or advise on the estate.

When someone dies, the person who will deal with their estate often needs proof of authority before a bank, a land registry or a buyer will deal with them. In Ontario, that proof is the certificate of appointment of estate trustee. Older documents call it letters probate or letters of administration.

This guide covers when you need one, who can apply, what goes in the package, how to serve the beneficiaries, the tax, and how the sworn forms are commissioned. If the estate is worth $150,000 or less, read our guide to the small estate certificate first. It is an optional, simpler route. If you have a question about your appointment, contact us or call (613) 434-5555.

Key Takeaways

When You Need a Certificate

Probate is not always required. Ontario's guide to applying for probate says the type of assets usually decides it: "If the deceased owned real property or assets held by a financial institution, the estate normally must be probated." The guide lists other situations where a person may apply, including when:

• the deceased died without a will, or the will does not name an estate trustee;
• a financial institution wants proof of a person's authority to receive the deceased's money or investments;
• real property must be sold. The guide says to get the certificate "before anyone enters into an Agreement of Purchase and Sale";
• there is a dispute about who should be estate trustee, or about whether the will is valid; or
• some beneficiaries named in the will are not able to give legal consent.

Before you start, ask the bank or other holder of each asset what it requires, and check that no one else has already applied. The guide suggests asking the named estate trustee, relatives, or the court office where the deceased lived.

Three certificates, one form

Form 74A asks you to choose one:

1. Certificate of appointment of estate trustee with a will
2. With a will limited to the assets referred to in the will, usually where the deceased left more than one will, each dealing with different assets. You also file a draft order (Form 74I) (r. 74.04(1)(g)).
3. Without a will

Older guides refer to Form 74.4 (with a will) and Form 74.14 (without a will). Those forms were removed when O. Reg. 709/21 brought in the single Form 74A.

Who Can Apply

With a will, the person named as estate trustee usually applies. A named estate trustee who does not want to act can renounce, so someone else can apply.

Without a will, Ontario's guide says "the deceased's spouse or common-law partner usually has the first right to apply for probate, then a close adult relative of the deceased (child, parent, grandchild, sibling or nephew/niece) can apply." The court may appoint the relative it considers most appropriate.

Two documents settle who applies (r. 74.04(1)(e) and (f)):

Form 74G is not sworn. Each part is "dated, signed, and witnessed". It does not need a commissioner. Part 5 of Form 74A also has a box for a person who is not automatically entitled to ask for an order on consent under the Estates Act, s. 29(3) ("special circumstances").

Caption: A renunciation or consent (Form 74G) is signed in front of a witness. It is not sworn.

What Goes in the Package

Rule 74.04(1) lists what you file with Form 74A:

Ontario's guide is clear on the sworn ones: "An application and an affidavit must be signed before a Commissioner for taking affidavits who must also sign the document."

The application. Form 74A has ten parts: the deceased, the will, real property, personal property, your entitlement, the beneficiaries, the deceased's relationships, your declarations, the estate administration tax and the bond. It ends with "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." With more than one applicant, the form says to "attach a separate sheet for additional affidavits", so each applicant swears.

The will. The original is attached to one of three affidavits (r. 74.04(1)(d)): an affidavit of execution (Form 74D), usually sworn by a witness who saw the will signed; an affidavit of condition (Form 74E) if the will has an unattested alteration; or, for a handwritten will, an affidavit attesting to the deceased's handwriting and signature (Form 74F). See our guide to the affidavit of execution of a will.

What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, watches you sign and commissions Form 74A, Form 74B or another affidavit in the package. A notary does not prepare the forms, value the estate, decide who is entitled to apply or to inherit, or advise on the bond or the tax. For those questions, see an estates lawyer.

Serving the Beneficiaries

Rule 74.04(2) requires you to serve every person entitled to share in the distribution of the estate, including charities and contingent beneficiaries, with:

1. the application (Form 74A), with any attachments; and
2. if there is a will, a copy of the will and codicils (or, for someone left only a specific item or amount, the part of the will that applies to them).

Service can be personal, by email, or by mail or courier to the last known address (r. 74.04(7)).

Serve the sworn copy. Ontario's guide says the copy you give the beneficiaries "must have been signed by you in the presence of a Commissioner for Taking Affidavits in Ontario, who must have also signed the document." Form 74B, the affidavit of service, then confirms "I have served a copy of the sworn/affirmed application". The application ends with a notice telling each person served that they can oppose it by filing a Notice of Objection (Form 75.1). If you are the only beneficiary, Part 8 of the form lets you skip the service declaration and give the reason instead.

Caption: The sworn application can be served by email, by mail or courier, or in person.

Value, Tax and Bond

Value. Parts 3 and 4 of Form 74A list each asset at its value on the date of death. Real estate is "net of encumbrances such as mortgages". Leave out property held jointly that passes by survivorship, real estate outside Ontario, and anything paid under a beneficiary designation, such as life insurance, an RRSP, a RRIF or a TFSA. Debts such as funeral expenses, credit cards and lines of credit are not deducted (Ontario, Estate Administration Tax).

Estate administration tax. None on an estate of $50,000 or less. Above that, $15 for each $1,000, or part of $1,000, over $50,000 (Estate Administration Tax Act s. 2). You deposit the tax when you file (s. 3(1)). If you can only estimate the value, Part 9 lets you pay on the estimate and undertake to file a sworn statement of the actual value within six months (s. 4(3)). An Estate Information Return goes to the Ministry of Finance within 180 days after the certificate is issued (O. Reg. 310/14, s. 3(1)).

Example. An estate worth $400,000: $400,000 − $50,000 = $350,000, which is 350 × $15 = $5,250.

Bond. Ontario's guide says a bond must be filed when the deceased died without a will, when the applicant is not named in the will, or when the applicant does not live in Ontario, elsewhere in Canada or in a Commonwealth country. Part 10 of Form 74A sets out the ways to post a bond or ask the court to dispense with it. The guide says the motion to dispense "can be complicated", so this is a question for an estates lawyer.

After You File

The registrar issues the certificate in Form 74C if the application is complete, nothing under the Estates Act prevents it, and the tax deposit is paid or a judge has ordered otherwise (r. 74.14(1)). If not, the registrar refuses with a notice in Form 74O, or refers the application to a judge (r. 74.14(3) to (5)). Ontario's guide says applications "are typically processed within 15 business days".

Court staff also search the records for another application for the same estate, an objection, or a more recent will deposited with the court. A person with a financial interest in an estate can file a request for notice (Form 74P) to be told when any proceeding starts. It lasts three years and can be renewed (r. 74.03).

How the Signing Works with Minute Notary

Both forms allow video. Form 74A and Form 74B each ask the commissioner to select "in person OR by video conference" and print the video jurats, for when you and the commissioner are in the same city or town and for when you are not. Both end "in accordance with O. Reg. 431/20".

The legal basis. The Commissioners for Taking Affidavits Act requires an oath to be taken in the commissioner's physical presence unless the regulations provide otherwise (s. 9(1) and (2)). O. Reg. 431/20 provides otherwise: you and the notary must be able to see, hear and talk to each other in real time for the whole appointment, the notary confirms your identity and makes sure you understand what you are signing, and the notary keeps a record (ss. 1 and 2).

1. Complete Form 74A and any schedules, and leave it unsigned.
2. First appointment. Contact us or call (613) 434-5555. Upload the unsigned application and your photo ID, swear or affirm on the video call, and sign while the notary watches. The notary completes the jurat and applies the seal.
3. Serve the sworn application and the will on everyone entitled.
4. Second appointment. Complete Form 74B and swear it the same way.
5. File the package with the court and pay the tax deposit.

If there is a will, a witness to it swears Form 74D with the original will attached and marked as an exhibit. Tell us when you book, as this may need an in-person visit.

Caption: Forms 74A and 74B each carry a video conference jurat, so both can be sworn by video.

Pricing

Note: prices are before HST and cover commissioning only. The estate administration tax deposit and any bond are separate. We do not prepare the application or give legal advice.

See every posted rate on our pricing page.

Frequently Asked Questions

What is a certificate of appointment of estate trustee?

It is what Ontario calls probate. The Superior Court of Justice issues it to give a person authority to act as estate trustee, or to confirm the authority of the estate trustee named in the will, and it formally approves the will as the deceased's valid last will. It used to be called letters probate or letters of administration.

Is Form 74A used both with and without a will?

Yes. Form 74A is one application with three choices: a certificate with a will, with a will limited to the assets referred to in the will, or without a will. Older guides mention Form 74.4 and Form 74.14; those were replaced by Form 74A.

Do I always need a certificate of appointment?

No. Ontario's guide says the type of assets usually decides it. If the deceased owned real property, or assets held by a financial institution, the estate normally must be probated. Ask the bank or other holder what it needs before you apply. An estate of $150,000 or less can use the simpler small estate certificate instead.

Who can apply if there is no will?

Ontario's guide says the spouse or common-law partner usually has the first right to apply, then a close adult relative such as a child, parent, grandchild, sibling, niece or nephew. The applicant files consents from beneficiaries who together have a majority interest in the estate, and renunciations from anyone with a prior or equal right who is not applying.

Does a renunciation or consent (Form 74G) need to be sworn?

No. Form 74G, Renunciation and Consent, is dated, signed and witnessed. It is not an affidavit, so it does not need a commissioner. If you complete both parts, each part is dated, signed and witnessed.

Can I swear Form 74A online?

Yes. Form 74A and Form 74B both include a jurat for swearing by video conference in accordance with O. Reg. 431/20. You and the commissioner must see, hear and talk to each other the whole time, and the commissioner confirms your identity.

How many times does the applicant swear?

Usually twice. You swear the application (Form 74A) before you serve it, because the copy you serve must be the sworn one. After serving, you swear the affidavit of service (Form 74B). If there is a will, a witness to the will also swears an affidavit of execution (Form 74D).

How much does it cost to have Forms 74A and 74B commissioned online?

$24.95 per seal, plus HST. For one applicant, Form 74A and Form 74B are two seals, $49.90 plus HST, usually at two short appointments. Online payments also carry a card processing fee of 2.9% + $0.30.

Final Recommendation

Check first whether you need a certificate at all, and whether the estate is small enough for the small estate route. If you need the full certificate, settle who applies and collect any renunciations and consents. Complete Form 74A and have it sworn. Serve it and the will on everyone entitled, then swear Form 74B and file. If the will is unusual, someone may object, or a bond is needed, talk to an estates lawyer before you file.

Book Your Appointment

Need Form 74A or Form 74B commissioned? Minute Notary commissions both by secure video for $24.95 per seal plus HST.

• Contact us: Ask a question or request an appointment
• Call: (613) 434-5555
• Service page: Affidavits
• Related guides: Small estate certificate (Form 74.1A) · Affidavit of execution of a will (Form 74D)
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (Ontario), Rules 74.03, 74.04 and 74.14
• O. Reg. 709/21 (Ontario), amending the Rules of Civil Procedure (estates forms)
• Estates Act, R.S.O. 1990, c. E.21 (Ontario), s. 29
• Estate Administration Tax Act, 1998 (Ontario), ss. 2 to 4
• O. Reg. 310/14: Information Required Under Section 4.1 of the Estate Administration Tax Act, 1998 (Ontario), s. 3
• Ontario — How to apply for probate
• Ontario — Estate Administration Tax
• Ontario Court Forms — Pre-formatted fillable estates forms (Forms 74A to 74P)
• Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario), s. 9
• O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)