Estate Forms under Rule 74 and 75 of the Rules of Civil Procedure
WARNING: Any forms shaded in grey in the table below have not yet come into force. Do not use them prior to their effective date, which is listed in the table below. Until the effective date, only use the current version of the form, which appears unshaded in the table below.
WARNING:
July 6, 2023 estates court rules and form changes
On July 6, 2023, changes to the following estates forms came into effect pursuant to O. Reg. 188/23: Form 74A, 74J, and 74.1A.
A summary of this regulation is available on the Ontario Regulatory Registry at: 23-MAG005. A table summarizing the form and rule changes is available here.
The court will accept for filing both the new and prior versions of Forms 74A, 74.1A and 74J until November 3, 2023 as follows:
- The new versions of Forms 74A and 74J (dated May 2023 at bottom of last page) can be served and filed on or after July 6, 2023. The new version of Form 74.1A (dated May 2023 at bottom of last page) can be served on or after July 6, 2023, and filed on or after August 8, 2023.
- The versions of Forms 74A and 74J dated February 1, 2022 may continue to be served and filed on or before November 3, 2023; and the version of Form 74.1A dated February 1, 2022 may be served on or before October 2, 2023, and filed on or before November 3, 2023.
- The February 1, 2022 versions of the revised forms will not be accepted for filing on or after November 4, 2023.
January 1, 2022 estates court rule and form changes
New estates forms amended by O. Reg. 709/21 came into effect on January 1, 2022. The old estate court forms will not be accepted for filing, with two exceptions: the Affidavit of Execution of Will or Codicil (74.8) and Affidavit of Condition of Will or Codicil (74.10) forms.
A table comparing the old and new estates forms and describing the changes can be found here. The table also outlines the amendments to the estate court rules that came into effect on January 1, 2022. The rule and form changes are summarized on the Ontario Regulatory Registry at: 1-MAG-038.
July 1, 2022 estates court rules and form changes
On July 1, 2022, changes to the following estates forms came into effect pursuant to O. Reg. 435/22: Form 74A, 74C, 74D, 74E, 74I, 74J, 74.1A, 74.1B, 74.1C, 74.1F. A summary of this regulation is available on the Ontario Regulatory Registry at: 22-MAG-007. A table summarizing the form and rule changes is available here.
There will be a three month grace period for filing the revised forms. That is, the January 1, 2022 versions of the revised forms will not be accepted for filing as of October 1, 2022.
Electronic versions of forms under the Rules of Civil Procedure, R.R.O. 1990, Regulation 194, are available in the table below. Please note that to complete your court document, you may need to combine several of the forms listed below.
Many of the Rules of Civil Procedure forms contain the phrase “General heading”. General headings are separate forms which must be inserted where this phrase appears (Form 4A for actions, and Form 4B for applications). Also, most court documents must also end with a “backsheet” (Form 4C). For example, a typical Statement of Claim requires the following combination of forms:
- Form 4A - General Heading (for actions),
- Form 14A - Statement of Claim, and
- Form4C - Backsheet.
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. See Rule 4 of the Rules of Civil Procedure for further requirements.
The Rules of Civil Procedure allow many civil court forms to be filed electronically through the Civil Claims Online Portal or submitted through the Civil Submissions Online Portal. To learn which forms may be filed or submitted electronically through these portals, refer to the Rules of Civil Procedure and the Ontario government website at File Civil Case Documents Online.
Documents that are required to be filed under the Rules of Civil Procedure can also be filed in hardcopy at the court counter and in some cases by mail or by email. To determine the appropriate method of filing of your documents refer to the Rules of Civil Procedure and Superior Court of Justice Notices to the Profession and the Public.
Documents in an Application for a Certificate of Appointment of Estate Trustee or Small Estate Certificate can now be filed by email to the appropriate estate court office. To learn more about how to file these documents by email, review the Superior Court of Justice Notice to the Profession, Parties, Public and the Media.
Jurats on affidavits and probate applications
Three jurats now appear on the prescribed form of affidavit and probate applications. The applicable jurat section should be completed. The two non-applicable jurats can be removed from the form. Alternatively, all three jurats can remain on the completed form with the appropriate jurat section completed. In this case, it is not necessary to strike the two non-applicable jurats on the form.
Pre-formatted, Fillable Estates Forms
Many of the estates forms under Rule 74 of the Rules of Civil Procedure are provided below in a fillable format.
The formatting complies with the standards set out in Rule 4. Please note that these forms contain check boxes. 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." Click the following link to return to the table containing all prescribed forms under the Rules of Civil Procedure.
These forms also contain rows to provide information. You can add as many rows as required. 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”.
To calculate the amount of estate administration tax to be paid on a specific estate, use the estate administration tax calculator.
For information about estates and applying for a Certificate of Appointment of Estate Trustee, visit How to apply for probate in Ontario.
| Form Number | Form Title | Version Date | Effective Date | HTML/PDF Form | MS Word Form |
|---|---|---|---|---|---|
| 74A | Application for a Certificate of Appointment of Estate Trustee | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74a-0222.docx |
| 74A | Application for a Certificate of Appointment of Estate Trustee | May 1, 2023 | July 6, 2023 |
NA |
rcp-e-74a-0523.docx |
| 74B | Affidavit of Service of Application for a Certificate of Appointment of Estate Trustee | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74b-0921.docx |
| 74B.1 | Lawyer’s Certificate of Service of Application for a Certificate of Appointment of Estate Trustee | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-74b-1-0822.docx |
| 74C | Certificate of Appointment of Estate Trustee | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74c-0222.docx |
| 74D | Affidavit of Execution of Will or Codicil | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74d-0222.docx |
| 74E | Affidavit of Condition of Will or Codicil | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74e-0222.docx |
| 74F | Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74f-0921.docx |
| 74G | Renunciation | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74g-0921.docx |
| 74H | Consent | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74h-0921.docx |
| 74I | Order in an Estates Proceeding | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74i-0222.docx |
| 74J | Application for Certificate or Confirmation of Appointment | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74j-0222.docx |
| 74J | Application for Certificate or Confirmation of Appointment | May 1, 2023 | July 6, 2023 |
NA |
rcp-e-74j-0523.docx |
| 74K | Nomination of Applicant by Foreign Estate Trustee | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74k-0921.docx |
| 74L | Bond - Insurance or Guarantee Company | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74l-0921.docx |
| 74M | Bond - Personal Sureties | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74m-0921.docx |
| 74N | Registrar's Notice to Estate Trustee Named in a Will or Codicil Deposited with the Court | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74n-0921.docx |
| 74O | Registrar's Notice to Applicant in an Application for a Certificate of Appointment of Estate Trustee | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74o-0921.docx |
| 74P | Request for Notice of Commencement of Proceeding | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74p-0921.docx |
| 74.1A | Application for a Small Estate Certificate (Estate valued at $150,000 or less) | May 1, 2023 | July 6, 2023 |
NA |
rcp-e-74-1a-0523.docx |
| 74.1A | Application for a Small Estate Certificate (Estate valued at $150,000 or less) | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74-1a-0222.docx |
| 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 |
rcp-e-74-1b-0222.docx |
| 74.1C | Small Estate Certificate | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74-1c-0222.docx |
| 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 |
rcp-e-74-1d-1120.doc |
| 74.1E | Application to Amend Small Estate Certificate | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-74-1e-0921.docx |
| 74.1F | Amended Small Estate Certificate | Feb. 1, 2022 | July 1, 2022 |
NA |
rcp-e-74-1f-0222.docx |
| 74.43 | Affidavit Verifying Estate Accounts | Sept. 1, 2020 | Jan. 1, 2021 | rcp-e-74-43-0920.pdf | rcp-e-74-43-0920.doc |
| 74.44 | Notice of Application to Pass Accounts | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-74-44-0822.doc |
| 74.45 | Notice of Objection to Accounts | July 1, 2007 | July 1, 2008 | rcp-74-45-e.pdf | RCP_E_74.45_0707.doc |
| 74.45.1 | Request for Further Notice in Passing of Accounts | May 1, 2017 | July 1, 2017 |
NA |
rcp-e-74-45-1-0517.doc |
| 74.46 | Notice of No Objection to Accounts | July 1, 2007 | July 1, 2008 | rcp-74-46-e.pdf | RCP_E_74.46_0707.doc |
| 74.46.1 | Notice of Non-Participation in Passing of Accounts | July 1, 2007 | July 1, 2008 | rcp_74_46_1_e.pdf | RCP_E_74.46.1_0707.doc |
| 74.47 | Affidavit in Support of Unopposed Judgment on Passing of Accounts | Sept. 1, 2020 | Jan. 1, 2021 | rcp-e-74-47-0920.pdf | rcp-e-74-47-0920.doc |
| 74.48 | Notice of Withdrawal of Objection | July 1, 2007 | July 1, 2008 | rcp-74-48-e.pdf | RCP_E_74.48_0707.doc |
| 74.49 | Request for Costs (Person other than Children’s Lawyer or Public Guardian and Trustee) | July 1, 2007 | July 1, 2008 | rcp-74-49-e.pdf | RCP_E_74.49_0707.doc |
| 74.49.1 | Request for Costs (Children’s Lawyer or Public Guardian and Trustee) | July 1, 2007 | July 1, 2008 | rcp-74-49-1-e.pdf | RCP_E_74.49.1_0707.doc |
| 74.49.2 | Request for Increased Costs (Estate Trustee) | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-74-49-2-0822.doc |
| 74.49.3 | Request for Increased Costs (Person other than Estate Trustee) | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-74-49-3-0822.doc |
| 74.49.4 | Reply to Notice of Objection to Accounts | Feb. 1, 2015 | Jan. 1, 2016 | rcp-74-49-4-e.pdf | RCP-E-74-49-4-0215.doc |
| 74.50 | Judgment on Unopposed Passing of Accounts | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-74-50-0822.doc |
| 74.51 | Judgment on Contested Passing of Accounts | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-74-51-0822.doc |
| 75.1 | Notice of Objection | Sept. 1, 2021 | Jan. 1, 2022 |
NA |
rcp-e-75-1-0921.docx |
| 75.10 | Statement of Submission of Rights to the Court | July 1, 2007 | July 1, 2008 | rcp-75-10-e.pdf | RCP_E_75.10_0707.doc |
| 75.1A | Request for Assignment of Mediator | Feb. 1, 2021 | April 6, 2021 |
NA |
rcp-e-75-1a-feb21.doc |
| 75.1B | Notice by Mediator | Sept. 1, 2020 | Jan. 1, 2021 | rcp-e-75-1b-0920.pdf | rcp-e-75-1b-0920.doc |
| 75.1C | Statement of Issues | Feb. 1, 2021 | April 6, 2021 |
NA |
rcp-e-75-1c-feb21.doc |
| 75.1D | Certificate of Non-Compliance | Feb. 1, 2021 | April 6, 2021 |
NA |
rcp-e-75-1d-feb21.doc |
| 75.11 | Notice of Settlement | July 1, 2007 | July 1, 2008 | rcp-75-11-e.pdf | RCP_E_75.11_0707.doc |
| 75.12 | Rejection of Settlement | July 1, 2007 | July 1, 2008 | rcp-75-12-e.pdf | RCP_E_75.12_0707.doc |
| 75.13 | Notice of Contestation | July 1, 2007 | July 1, 2008 | rcp-75-13-e.pdf | RCP_E_75.13_0707.doc |
| 75.14 | Claim Against Estate | Feb. 1, 2021 | April 6, 2021 |
NA |
rcp-e-75-14-feb21.doc |
| 75.2 | Notice that Objection has been Filed | Feb. 1, 2021 | April 6, 2021 |
NA |
rcp-e-75-2-feb21.doc |
| 75.3 | Notice to Objector | Nov. 1, 2020 | April 1, 2021 |
NA |
rcp-e-75-3-1120.doc |
| 75.4 | Notice of Appearance | Nov. 1, 2020 | April 1, 2021 |
NA |
rcp-e-75-4-1120.doc |
| 75.5 | Notice of Application for Directions | Sept. 1, 2020 | Jan. 1, 2021 | rcp-e-75-5-0920.pdf | rcp-e-75-5-0920.doc |
| 75.6 | Notice of Motion for Directions | Sept. 1, 2020 | Jan. 1, 2021 | rcp-e-75-6-0920.pdf | rcp-e-75-6-0920.doc |
| 75.7 | Statement of Claim Pursuant to Order Giving Directions | Nov. 1, 2005 | July 1, 2006 | rcp-75-7-e.pdf | RCP_E_75.07_1105.doc |
| 75.8 | Order Giving Directions Where Pleadings Directed | Aug. 1, 2022 | Jan. 30, 2023 |
NA |
rcp-e-75-8-0822.docx |