Estate Forms under Rule 74, 74.1 and 75 of the Rules of Civil Procedure
Recent changes to the estate court forms and court rules
- Reg. 388/23: Amendments made to the Rules of Civil Procedure (RCP) to simplify probate application processes, effective April 1, 2024.
- Forms amended: 74F, Affidavit Regarding a Holograph will.
- New form created: 74G, Renunciation and Consent (replacing 74G Renunciation dated September 1, 2021, and 74H Consent dated September 1, 2021).
- Consequential form amendments to Forms 74A, 74.1A, 74J (amended to reference new Form 74G rather than Form 74H).
- A summary of the amendments can be found here and on the Ontario Regulatory Registry.
- The new forms 74F, 74G, 74H, 74A, 74.1A and 74J (dated November 1, 2023) must be filed as of April 1, 2024.
- To learn about amendments to the RCP estate court rules and forms that came into effect between January 2021 and July 2023, click here.
Filing Estate Court Documents
- Filing Probate Documents by Email
An application for a Certificate of Appointment of Estate Trustee and Small Estate Certificate is commonly referred to as probate application. These applications and supporting or responding documents may be filed with the Superior Court of Justice by email, by regular mail or in person.
The documents that can be filed by email include:
- applications for a Certificate of Appointment of Estate Trustee and Small Estate Certificate (Forms 74A, 74.1A, 74.1E, 74J)
- draft certificates (Form 74C, 74.1C, 74.1F)
- proof of service or declaration (Forms 74B, 74B.1, 74.1B)
- supporting affidavits (Form 74D, 74E or 74F)
- renunciations and consents (Forms 74G and 74H)
- nomination of applicant by foreign estate trustee (Form 74K)
- draft order (Form 74I)
- proof of death document
- certified copy of foreign grant
Responding documents that can be filed by email include:
- Notice of Objection (Form 75.1)
- Request for Notice of Commencement of Proceeding (Form 74P)
You must attach an Information Form to your email requesting the filing of your documents. This form provides guidance on the documents which must be filed for each type of probate application.
To learn more about how to electronically file a probate application or responding document, click here and review the Superior Court of Justice Consolidated Practice Direction Part IV. - Filing Estate Litigation Documents Electronically
a. Civil Claims Online
Documents commencing an action involving an estate can be filed with the court electronically through the Civil Claims Online portal of Justice Services Online or in person.
This includes the following documents:
- Statement of Claim (Form 14A)
- Notice of Action (Form 14C)
Where Civil Claims Online is used to file a Statement of Claim or Notice of Action involving an estate, select “Wills, estates” as the “Type of claim”. This will ensure that the matter will be assigned a court file number with an estates (ES) extension.
Do not use the “Civil Submissions Online” portal to file a Statement of Claim or Notice of Action in an estate litigation proceeding.
For more information see Superior Court of Justice Consolidated Practice Direction Part I.
b. Civil Submissions Online
Documents to commence or respond to certain estate applications or motions can be filed with the court electronically through the Civil Submissions Online portal of Justice Services Online or in person.
This includes documents for:
- an application to pass accounts (documents listed in Table 3 below.)
- application or motions for directions (Forms 14E, 37A, 38A and documents listed in Table 4 below other than a Notice of Objection, Form 75.1)
- motion to compel an estate trustee or trustee to pass accounts or seeking another type of order for assistance (Form 37A, Form 4C, Form 4D, Form 74I etc.)
- claims against an estate (will challenge, dependant’s support etc.) (Form 14E etc.)
- submission of rights to the court (Form 75.10 etc.)
- estate mediations conducted pursuant to the Rules of Civil Procedure (documents listed in Table 5 below.)
The process to file estate litigation documents electronically using Civil Submissions Online is set out here.
For more information see Superior Court of Justice Consolidated Practice Direction Part I.
Resources
Learn how to apply for probate:
Learn how to calculate the value of an estate and the amount of estate administration tax, including the amount to be paid at the time of filing of a probate application.
Learn about court fees which may be payable to file your estate court document.
Estate Forms under Rule 74, 74.1 and 75 of the Rules of Civil Procedure
The prescribed forms under the Rules of Civil Procedure, R.R.O. 1990, Regulation 194, are contained in the tables below. Many of these forms are provided in a fillable format.
Your completed form should be in 12-point (or 10 pitch) size, or neatly printed, with double spaces between the lines and a left-hand margin approximately 40 mm wide, or the form should be in the format as published in the tables below. See Rule 4 of the Rules of Civil Procedure for further requirements.
To view PDF files, you will require Adobe Acrobat® Reader version 5.0 (or higher). You can download this free software from
Certain estates forms contain check boxes. If you are using Microsoft Word to complete the form, to put an X in a check box: Double-click on the box. In the menu that pops up, under Default Value, click “Checked.” Click "OK."
These forms also contain rows to provide information. You can add as many rows as required. If you are using Microsoft Word, to add a row, click “enable editing” in the top toolbar. Then select a row, right click on your mouse, select “insert rows above” or “insert rows below”.
Most documents in a proceeding must also end with a “backsheet” (Form 4C). If the form requires a backsheet, you must include it.
A lawyer can help you complete the forms. A lawyer can also explain the risks of providing incorrect information in the forms. Court staff cannot provide you with legal advice, including advice about the completion of forms. Learn how to find a lawyer.
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Table 1: Estates Forms under Rule 74.03 to 74.15 of the Rules of Civil Procedure Application for a Certificate of Appointment of Estate Trustee, Application for a Certificate or Confirmation of Appointment, Motion for Order for Assistance, and Nomination of Applicant by Foreign Estate Trustee |
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Form Number |
Form Title |
Version Date |
Effective Date |
HTML/PDF Form |
MS Word Form |
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74A |
Application for a Certificate of Appointment of Estate Trustee |
Nov. 1, 2023 |
April 1, 2024 |
NA |
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74B |
Affidavit of Service of Application for a Certificate of Appointment of Estate Trustee |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74B.1 |
Lawyer’s Certificate of Service of Application for a Certificate of Appointment of Estate Trustee |
Aug. 1, 2022 |
Jan. 30, 2023 |
NA |
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74C |
Certificate of Appointment of Estate Trustee |
Feb. 1, 2022 |
July 1, 2022 |
NA |
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74D |
Affidavit of Execution of Will or Codicil |
Feb. 1, 2022 |
July 1, 2022 |
NA |
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74E |
Affidavit of Condition of Will or Codicil |
Feb. 1, 2022 |
July 1, 2022 |
NA |
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74F |
Affidavit Regarding a Holograph Will or Codicil |
Nov. 1, 2023 |
April 1, 2024 |
NA |
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74G |
Renunciation and Consent |
Nov. 1, 2023 |
April 1, 2024 |
NA |
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74I |
Order in an Estates Proceeding |
Jan. 2, 2024 |
March 11, 2024 |
NA |
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74J |
Application for Certificate or Confirmation of Appointment |
Nov. 1, 2023 |
April 1, 2024 |
NA |
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74K |
Nomination of Applicant by Foreign Estate Trustee |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74L |
Bond - Insurance or Guarantee Company |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74M |
Bond - Personal Sureties |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74N |
Registrar's Notice to Estate Trustee Named in a Will or Codicil Deposited with the Court |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74O |
Registrar's Notice to Applicant in an Application for a Certificate of Appointment of Estate Trustee |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74P |
Request for Notice of Commencement of Proceeding |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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Table 2: Estates Forms under Rule 74.1 of the Rules of Civil Procedure Application for a Small Estate Certificate (see also Table 1 for Forms 74D,E,F,G,I,L,M,N,P) |
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Form Number |
Form Title |
Version Date |
Effective Date |
HTML/PDF Form |
MS Word Form |
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74.1A |
Application for a Small Estate Certificate (Estate valued at $150,000 or less) |
Nov. 1, 2023 |
April 1, 2024 |
NA |
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74.1B |
Request to File an Application for a Small Estate Certificate or an Amended Small Estate Certificate |
Feb. 1, 2022 |
July 1, 2022 |
NA |
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74.1C |
Small Estate Certificate |
Feb. 1, 2022 |
July 1, 2022 |
NA |
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74.1D |
Registrar’s Notice to Applicant in an Application for a Small Estate Certificate or Amended Small Estate Certificate |
Nov. 1, 2020 |
April 1, 2021 |
NA |
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74.1E |
Application to Amend Small Estate Certificate |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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74.1F |
Amended Small Estate Certificate |
Feb. 1, 2022 |
July 1, 2022 |
NA |
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Table 3: Estates Forms under Rule 74.16 to 74.18 of the Rules of Civil Procedure Application for a Passing of Accounts |
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Form Number |
Form Title |
Version Date |
Effective Date |
HTML/PDF Form |
MS Word Form |
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74.43 |
Affidavit Verifying Estate Accounts |
Sept. 1, 2020 |
Jan. 1, 2021 |
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74.44 |
Notice of Application to Pass Accounts |
Aug. 1, 2022 |
Jan. 30, 2023 |
NA |
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74.45 |
Notice of Objection to Accounts |
July 1, 2007 |
July 1, 2008 |
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74.45.1 |
Request for Further Notice in Passing of Accounts |
May 1, 2017 |
July 1, 2017 |
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74.46 |
Notice of No Objection to Accounts |
July 1, 2007 |
July 1, 2008 |
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74.46.1 |
Notice of Non-Participation in Passing of Accounts |
July 1, 2007 |
July 1, 2008 |
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74.47 |
Affidavit in Support of Unopposed Judgment on Passing of Accounts |
Sept. 1, 2020 |
Jan. 1, 2021 |
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74.48 |
Notice of Withdrawal of Objection |
July 1, 2007 |
July 1, 2008 |
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74.49 |
Request for Costs (Person other than Children’s Lawyer or Public Guardian and Trustee) |
July 1, 2007 |
July 1, 2008 |
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74.49.1 |
Request for Costs (Children’s Lawyer or Public Guardian and Trustee) |
July 1, 2007 |
July 1, 2008 |
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74.49.2 |
Request for Increased Costs (Estate Trustee) |
Aug. 1, 2022 |
Jan. 30, 2023 |
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74.49.3 |
Request for Increased Costs (Person other than Estate Trustee) |
Aug. 1, 2022 |
Jan. 30, 2023 |
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74.49.4 |
Reply to Notice of Objection to Accounts |
Feb. 1, 2015 |
Jan. 1, 2016 |
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74.50 |
Judgment on Unopposed Passing of Accounts |
Jan. 2, 2024 |
March 11, 2024 |
NA |
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74.51 |
Judgment on Contested Passing of Accounts |
Jan. 2, 2024 |
March 11, 2024 |
NA |
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Table 4: Estates Forms under Rule 75 of the Rules of Civil Procedure Notice of Objection, Application or Motion for Directions, and related documents |
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Form Number |
Form Title |
Version Date |
Effective Date |
HTML/PDF Form |
MS Word Form |
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75.1 |
Notice of Objection |
Sept. 1, 2021 |
Jan. 1, 2022 |
NA |
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75.10 |
Statement of Submission of Rights to the Court |
July 1, 2007 |
July 1, 2008 |
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75.11 |
Notice of Settlement |
July 1, 2007 |
July 1, 2008 |
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75.12 |
Rejection of Settlement |
July 1, 2007 |
July 1, 2008 |
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75.13 |
Notice of Contestation |
July 1, 2007 |
July 1, 2008 |
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75.14 |
Claim Against Estate |
Feb. 1, 2021 |
April 6, 2021 |
NA |
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75.2 |
Notice that Objection has been Filed |
Feb. 1, 2021 |
April 6, 2021 |
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75.3 |
Notice to Objector |
Nov. 1, 2020 |
April 1, 2021 |
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75.4 |
Notice of Appearance |
Nov. 1, 2020 |
April 1, 2021 |
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75.5 |
Notice of Application for Directions |
Sept. 1, 2020 |
Jan. 1, 2021 |
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75.6 |
Notice of Motion for Directions |
Sept. 1, 2020 |
Jan. 1, 2021 |
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75.7 |
Statement of Claim Pursuant to Order Giving Directions |
Jan. 2, 2024 |
March 11, 2024 |
NA |
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75.8 |
Order Giving Directions Where Pleadings Directed |
Jan. 2, 2024 |
March 11, 2024 |
NA |
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Table 5: Estates Forms under Rule 75.1 of the Rules of Civil Procedure Estates Mediation documents |
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Form Number |
Form Title |
Version Date |
Effective Date |
HTML/PDF Form |
MS Word Form |
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75.1A |
Request for Assignment of Mediator |
Feb. 1, 2021 |
April 6, 2021 |
NA |
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75.1B |
Notice by Mediator |
Jan. 2, 2024 |
March 11, 2024 |
NA |
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75.1C |
Statement of Issues |
Feb. 1, 2021 |
April 6, 2021 |
NA |
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75.1D |
Certificate of Non-Compliance |
Feb. 1, 2021 |
April 6, 2021 |
NA |
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