Ontario Probate Forms: Which Forms You Need and Where to Get Them

The first obstacle most executors hit is not understanding what needs to be filed — it is knowing which version of which form applies to their specific estate. Ontario's probate forms changed significantly in recent years, and using an outdated version downloaded from a third-party site is one of the most common reasons applications get rejected outright.

This post covers the primary forms, the supporting documents required alongside them, and how to submit everything correctly to avoid a Form 74O registrar's rejection notice.

The Two Main Application Forms: 74A vs 74.1A

Which application form you use depends entirely on the gross value of the probatable estate.

Form 74A — Application for a Certificate of Appointment of Estate Trustee

This is the standard application for estates valued over $150,000. Form 74A requires sworn affidavits, detailed asset inventories, and confirmation that all notice requirements have been met. As of the August 2025 Rule 74 amendments, the form was updated to simplify certain sections — which means any version downloaded before that date is now outdated and will be rejected.

Form 74.1A — Application for Small Estate Certificate

This simplified form applies to estates valued at $150,000 or under. The small estate process was introduced in April 2021 and significantly reduced the paperwork burden for modest estates. Form 74.1A does not require an administration bond in most cases, and it moves through court more quickly than the standard process.

Both forms are available exclusively through the Ontario Court Forms repository at ontariocourtforms.on.ca. Do not download these forms from law firm websites, document aggregators, or cached search results — the forms are updated frequently and using an older version guarantees rejection.

Supporting Forms Required Alongside Your Application

Filing Form 74A or 74.1A alone is not sufficient. Depending on the estate's circumstances, you will need several supporting documents:

Form 74D — Affidavit of Execution of Will or Codicil Required when the will was witnessed by a third party. This is a sworn statement from one of the witnesses confirming they saw the testator sign the will under the correct conditions. If the original witness cannot be located or has died, alternative affidavit forms apply.

Form 74E — Affidavit of Condition of Will or Codicil Required when the original will shows any visible alterations — handwritten additions, mark-outs, staple holes, water damage, or physical damage of any kind. The affidavit explains the condition and confirms it existed at the time the will was made.

Form 74.1B — Request to File an Application (Small Estates Only) Mandatory for the small estate process. After serving the application to all beneficiaries, you must wait at least 30 days before filing with the court. Form 74.1B certifies that notice was properly served and that the 30-day waiting period has elapsed. Filing before 30 days are up results in automatic rejection.

Form 74C / 74.1C — Draft Certificate / Draft Small Estate Certificate This is the actual document the court will sign and seal. It must mirror the asset descriptions exactly as they appear in the application — any discrepancy between the two documents causes rejection.

Form 74G — Renunciation and Consent Used when a person who has a right to serve as estate trustee is declining that role (Part A), or when beneficiaries are consenting to the applicant's appointment (Part B).

How to Submit: Justice Services Online and Email Filing

Since late 2020, Ontario has permitted electronic filing of probate applications. There are two routes:

Justice Services Online (JSO): The preferred portal for digital submission. You create an account, complete the forms, and submit electronically. The court registrar processes applications in the queue.

Email filing: Applications can also be emailed in PDF format directly to the Superior Court of Justice location in the region where the deceased resided. If you use email, the formatting requirements are strict:

• Each email attachment must contain exactly one court form
• The total size of the email including all attachments must not exceed 35 MB
• File names must follow the exact format: Form Number and Name – Name of Deceased – Date Signed (DD-MMM-YYYY) — for example, Form 74E Affidavit of Condition of Will – Maria Santos, deceased – 15-APR-2025

Failing to follow the naming convention or combining multiple forms into one PDF are among the most frequent reasons email submissions are returned without processing.

What Must Still Be Submitted Physically

Electronic filing is not fully paperless. Regardless of whether you use JSO or email, the following items must be physically mailed, couriered, or delivered to the courthouse:

• The original Last Will and Testament (not a photocopy)
• Any original codicils
• The Estate Administration Tax bank draft, made payable to the "Minister of Finance"

Your email or JSO submission is suspended in the court queue until the physical counterparts arrive and are matched by the court registrar. Sending the digital submission and then delaying the physical package by weeks is a common bottleneck.

The $150,000 Small Estate Threshold and Form 74.1A

One critical operational detail for Form 74.1A: the 30-day notice period is not optional. You must serve signed, commissioned copies of the application on all beneficiaries at least 30 calendar days before filing with the court. If any minor or incapable beneficiaries are among those entitled to a share, service must also be made on the Office of the Children's Lawyer or the Office of the Public Guardian and Trustee respectively.

After 30 days have passed and you have filed Form 74.1B certifying proper service, the actual court application can proceed.

Checking Your Work Before Filing

The Superior Court regularly issues Form 74O (Registrar's Notice to Applicant) when applications have errors — and receiving one resets your timeline. The most common errors that trigger rejections:

• Using an outdated form version (download fresh forms within days of filing, not weeks before)
• Name mismatches between the death certificate, the will, and the court forms — if the deceased used a different name in different documents, include "Also Known As" notations in the affidavit
• Missing Form 74.1B after failing to observe the 30-day notice window
• Exceeding the 35 MB email limit or combining forms into a single PDF attachment
• Failing to mail the original will before or concurrently with the digital submission

The Ontario Probate Process Guide includes annotated walkthroughs of Form 74A and Form 74.1A with plain-English explanations for each field — specifically to prevent the procedural errors that trigger Form 74O rejections. If you are self-representing, having a field-by-field reference reduces the risk of the rejection loop that adds months to an already slow process.

Where the Forms Live

The single authoritative source for all Ontario estate court forms is:

Ontario Court Forms: ontariocourtforms.on.ca — Estates section, under "Pre-Formatted Fillable Estates Forms"

The Ministry of the Attorney General updates these forms when Rule 74 amendments come into effect. Check the version date on the bottom of the form itself before filing. If the form has a date older than the most recent regulatory amendment, download a fresh version.

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