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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Also known as
- No-Will Affidavit
- Declaration of Intestacy
- Affidavit of No Will
+2 more names
- Sworn Statement of Intestacy
- Intestate Estate Affidavit
AFFIDAVIT OF INTESTACY
I, ______, of ______, in the Province of Ontario, MAKE OATH AND SAY 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: ______.
I make this affidavit for the following purpose: .
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.
SWORN / DECLARED before me at the ______________________ of ______________________, in the Province of Ontario, this ______ day of ______________, 20______.
_______________________________ _______________________________
A Commissioner for taking Affidavits Signature of Declarant
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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 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: ______.
I make this affidavit for the following purpose: .
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.
SWORN / DECLARED before me at the ______________________ of ______________________, in the Province of Ontario, this ______ day of ______________, 20______.
_______________________________ _______________________________
A Commissioner for taking Affidavits Signature of Declarant
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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
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 in Ottawa. 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 in Ottawa.
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 in Ottawa with Minute Notary.
Keep exploring
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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
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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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