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Government form, explained · Ontario

Form 74A: the application that starts Ontario probate

Form 74A is the Application for a Certificate of Appointment of Estate Trustee. If there is a will, the person named as the estate trustee in the will is typically the one to apply. A smaller estate can use a simpler variant instead.

What the certificate gives you

Applying is not a formality: the certificate "will give you the authority to manage the estate assets and pay the estate debts." You apply at the Superior Court of Justice, at the court in the county or district where the deceased lived at the time of their death.

The small-estate route: $150,000 or less

Estates valued at $150,000 or less can use the simplified small estate process, Form 74.1A instead of Form 74A, with a draft certificate on Form 74.1C rather than the regular 74C. It also carries a 30-day advance notice requirement: 30 days before you file your documents with the court, notice must go out to those entitled to it.

What goes with the application

  • The original will, if there is one
  • Proof of death: a death certificate or court order
  • A draft certificate: Form 74C for the regular process, Form 74.1C for the small estate process

The 180-day Estate Information Return

"Within 180 calendar days of receiving a certificate, you must file an Estate Information Return" with the Ministry of Finance. This is separate from the court application, and it's a deadline that runs regardless of estate size. It reports the estate's value; the tax rate itself is covered on our Ontario executor guide.

Processing times, and the cost

Applications are typically processed within 15 business days; a small estate application is typically processed within five business days.

Court filing fee: check with the court office. Ontario's probate guides don't state a separate court filing fee for these applications, and that silence isn't confirmation there is none. Confirm the current fee, if any, with the court before filing.

Where to get the forms

The forms are Word .docx files, not fillable PDFs, download the current versions from Ontario Court Forms:

Common mistakes

  • Missing the 180-day Estate Information Return deadline: it runs from receiving the certificate, and it applies regardless of estate size
  • Applying under the regular process when the estate qualifies for the simpler small-estate route ($150,000 or less)
  • Skipping the 30-day advance notice required before filing small-estate documents with the court
  • Assuming a fillable PDF exists for these forms: they are Word .docx files

Common Questions

What is Form 74A?

Form 74A is the Application for a Certificate of Appointment of Estate Trustee, the document that starts probate in Ontario. If there is a will, the person named as the estate trustee in the will is typically the one to apply.

What does the certificate actually give you?

The certificate will give you the authority to manage the estate assets and pay the estate debts. Without it, banks and other institutions often won't release estate assets to you.

Is there a simpler process for a small estate?

Yes. Estates valued at $150,000 or less can use the simplified small estate process, Form 74.1A, with a draft certificate on Form 74.1C, instead of the regular Form 74A and 74C.

What do I have to do 180 days after getting the certificate?

Within 180 calendar days of receiving a certificate, you must file an Estate Information Return with the Ministry of Finance. This is a separate obligation from the court application itself.

Handling an Ontario estate?

The full guides cover the Estate Administration Tax, executor compensation, and every step from death certificate to distribution.

Guidepost is not a law firm. This is general information, not legal advice, verify current requirements with the court. Full disclaimer.