This blog was written by Tyler Lin, student-at-law at de VRIES LITIGATION LLP
Effective October 6, 2020, probate applications in Ontario can be filed by e-mail to the Ontario Superior Court at this link.[1]
As you might already be aware, a probate application is the court procedure by which a will is proven to be valid or invalid, and can include other matters relating to the administration of an estate.
Where applicants choose to file for probate through this new e-mail procedure, these requirements should be observed:
- Documents to be submitted by e-mail only: the application form and supporting documents (affidavits, consents, proof of death, renunciations, draft certificates, motions).
- Documents that are still required to be filed in hard copy by mail, courier or drop off at the court office: original documents in support of the application (e.g. wills, codicils, bonds, ancillary certificates) and estate administration tax payments or any other fees.
- Applicants must now complete a new information form[2] and e-mail it to the court, together with the probate application.
- The subject-line of the e-mail should indicate the acronym for the court, the area of law, court file number, and type of document, as set out in the example[3] provided;
- The e-mail plus attachments must not exceed a total of 35 MB.
- All attached documents should be in PDF format.
- Each PDF attachment should contain only one court form and must be saved with the name that specifies the court form number and type of document (e.g. Form 74.10 Affidavit of Condition of Will).
Following an e-mail submission, probate certificates will now be issued electronically and delivered by e-mail to the address provided by the applicant.
For those who have already submitted probate applications prior to October 6th, it is possible to resubmit them by e-mail. The re-submission process will allow applicants to retain their position in the original queue, while enabling them to receive an electronic issuance of a Certificate of Appointment of Estate Trustee.
Finally, it is important to note that this process does not apply to documents filed in estate litigation cases. Litigation related documents should continue to be filed through the Civil Submissions Online Portal,
[1] https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/email-probate/.
[2] https://www.ontariocourts.ca/scj/files/forms/est/Application-Certificate-Appointment-Estate-Trustee-EN.docx.
[3] https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/#6_Email_Processes_for_Certificates_of_Appointment_of_Estate_Trustee_Probate
