This document outlines five things that are required for a successful probate application: 1) the original last will and testament, 2) an affidavit of execution sworn by a witness, 3) complete details of the estate's assets and their values, 4) proof of the death, such as an original death certificate, and 5) probate fees or estate administration taxes that need to be filed with the application. Consulting a lawyer is also recommended to properly prepare the probate application.

1. Five Things
Required for a
Successful Probate
Application
1

2. 2
Overview
• In most cases, it is best to obtain the assistance of a lawyer when
preparing an application for a Certificate of Appointment of Estate
Trustee With or Without a Will, also known as a "probate
application“
• When consulting a lawyer for assistance in the preparation of a
probate application or when preparing the application on one's
own, it is helpful to have available, among other items, the
documents and information described in the following slides

3. 3
Last Will and Testament
• If the application is for a Certificate of Appointment of Estate
Trustee With a Will, the original copy should be filed with the
courthouse as part of the probate application
• The unavailability of the original document can lead to
complications, including the presumption that the will was
physically destroyed by the testator (and thereby revoked) and
may necessitate a court application to admit a copy of the lost will
to probate

4. 4
Affidavit of Execution (or Affidavit Verifying
Handwriting)
• An affidavit of execution, sworn by a witness to the will and stating
that she or he was present when the testator signed the will,
should be filed as part of the probate application
– If no affidavit of execution has previously been executed and neither
witness is still living, an affidavit can be sworn to provide this
explanation
• If the probate application is in respect of a holograph will (one that
is entirely in the handwriting of the testator and may or may not be
witnessed), an affidavit verifying the handwriting appearing within
the holograph will as the testator's handwriting may be required
– Such an affidavit can be sworn by any individual familiar with the
testator's handwriting, such as a bank teller or friend

5. 5
Details of Estate Assets
• Complete details of the assets of the estate should be included
within the probate application
• With respect to bank accounts and investments, the exact values
as at the date of death are normally required

6. 6
Proof of Death
• As of January 2016, probate applications must now also include
proof of death
• Ontario's Rules of Civil Procedure define "proof of death" as
documentary evidence that a person has died, which may include
a death certificate from a funeral director or an order that has been
made under the Declarations of Death Act
• As a notarial copy of proof of death is typically required to be filed
with the court, the original copy of the death certificate should be
provided to the lawyer assisting with the probate application

7. 7
Probate Fees
• Also known as estate administration taxes, "probate fees" should
also be filed with the courthouse when a probate application is
being submitted
• Some banks will release funds to a named estate trustee to
facilitate the payment of probate fees in circumstances in which
estate funds are not otherwise accessible
• In some situations, an undertaking to deliver a complete statement
of estate assets and to pay probate fees in respect of those assets
may instead be accepted by the court on a temporary basis

8. 8
Thank you for reading!