Wills, estates & power of attorney
Affidavit of Intestacy (No Will)
A sworn affidavit confirming that a person who died left no will (died intestate) — used to support administering the estate. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario. Obtain legal advice for estate matters.
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Word files are editable. Review any changes carefully before signing or uploading.
Also known as
- No-Will Affidavit
- Declaration of Intestacy
- Affidavit of No Will
+2 more names
- Sworn Statement of Intestacy
- Intestate Estate Affidavit
The blanks fill themselves in as you type.
- Scope
- General template, not legal advice
- Formats
- PDF + editable Word downloads
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Affidavit of Intestacy (No Will)
A compact preview of this template
01Your Information
Your full legal name
Full legal name of the deceased
Efforts made to locate a will
AFFIDAVIT OF INTESTACY
I, ______, of ______, in the Province of Ontario, MAKE OATH AND SAY (or AFFIRM) that:
I am the ______ of ______ (the "Deceased"), who died on ______, last residing at ______.
I have made the following diligent efforts to locate a will of the Deceased: ______.
To the best of my knowledge and belief, the Deceased died without leaving a will (intestate).
The persons entitled to share in the estate are: ______.
Purpose of this affidavit (if stated):
I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.
Signed and sworn (or affirmed/declared) before me by videoconference in Ottawa, Ontario, while the Affiant(s)/Declarant(s) were located in ______________________, on ______________________, pursuant to O. Reg. 431/20, and Electronic Commerce Act, 2000.
______________________________ | ______________________________ |
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Overview
About this document
- 01
What is an affidavit of intestacy?
It is a sworn statement — also called a no-will affidavit or declaration of intestacy — confirming that, to the best of the deponent’s knowledge, the deceased did not leave a valid will.
When someone dies intestate, provincial rules determine who administers the estate and who inherits.
- 02
When you might need one
It supports estate administration where there is no will.
- Confirming that the deceased left no valid will.
- Supporting an application to administer an intestate estate.
- Providing a registry or institution with sworn confirmation of intestacy.
- 03
Important — get legal advice
Administering an intestate estate usually requires a Certificate of Appointment of Estate Trustee Without a Will (probate) from the court, and the law sets who may apply and who inherits.
Because the rules are detailed and the consequences are significant, obtain legal advice before relying on this affidavit.
- 04
Who swears it, and where it goes
The person who intends to administer the estate swears it, usually the spouse or the nearest adult next of kin in the order the Succession Law Reform Act sets, or the person a bank or registry has asked. Attach a certified copy of the death certificate as an exhibit and list the searches you made for a will: the deceased’s papers and safety deposit box, the lawyer who acted for them, and the estates office of the Superior Court of Justice, which holds wills deposited for safekeeping.
Where a bank only needs to release a modest account or a registry needs to transfer a vehicle, the institution may accept the sworn affidavit with an indemnity. For anything larger, it supports the application for a Certificate of Appointment of Estate Trustee Without a Will in the Superior Court of Justice; estates worth $150,000 or less can use the simplified small estate certificate. Each exhibit the notary endorses is a separate seal, so gather the death certificate and the searches before the appointment.
- 05
How to notarize a affidavit of intestacy in Ontario
After you fill in your affidavit of intestacy and download the PDF, do not sign it in advance. A sworn document must be signed in front of a notary public or commissioner for taking affidavits, who administers your oath or solemn affirmation first.
Minute Notary commissions your affidavit of intestacy online by secure video, under Ontario's remote commissioning rules (O. Reg. 431/20), or in person anywhere in Ontario. Bring valid government-issued photo identification so we can verify your identity before applying the notary seal.
Good to know
Before you fill it in.
Short notes from our notary on this template. Worth a minute before you start.
- 01
Reviewed for use in Ontario by a notary public and commissioner for taking affidavits.
- 02
Fill it in online for free and download a ready-to-sign PDF — no account required.
- 03
Sign in front of the notary, who administers your oath or affirmation and applies the seal.
- 04
Notarize online by video across Ontario, or in person anywhere in Ontario.
Frequently asked
Questions about the Affidavit of Intestacy (No Will)
- What does intestate mean?
- It means a person died without leaving a valid will. Provincial rules then determine who may administer the estate and who inherits.
- Does this affidavit let me administer the estate?
- No. Administering an intestate estate usually requires a Certificate of Appointment of Estate Trustee Without a Will (probate) from the court.
- Should I get legal advice?
- Yes. Intestacy rules are detailed and the consequences are significant, so obtain legal advice before relying on this affidavit.
- Can I notarize it online in Ontario?
- Yes. You can swear it online by video under Ontario’s remote commissioning rules, or in person anywhere in Ontario with Minute Notary.
Keep exploring
Related templates
Other documents for legacy & succession.
- 01Affidavit of Domicile
A sworn affidavit confirming where a deceased person lived at the time of death — often required to transfer securities, accounts, or other estate assets. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.
Fill it out - 02Affidavit of Heirship (Next of Kin)
A sworn affidavit identifying the heirs or next of kin of a person who has died — used to help settle an estate. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario. Obtain legal advice for estate matters.
Fill it out - 03Statutory Declaration of Small Estate
A sworn declaration setting out the value and assets of a modest estate — used to support a small estate certificate application in Ontario, or to satisfy a bank or transfer agent that formal probate is not needed.
Fill it out - 04Proof of Life Affidavit
A sworn affidavit confirming that you are alive — often required by pension and benefit providers, including those abroad, to continue payments. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.
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Fill it in online, then download a ready-to-sign PDF or an editable Word copy. Use the generated PDF to continue to booking. Not sure what the appointment involves? Read about the Will Signing & Witnessing service first.