Before applying to the Superior Court of Justice to administer an intestate estate (without a Will) in Ontario, you must prove you conducted a rigorous search for a Will. This includes checking safe deposit boxes, contacting local law firms, and swearing an affidavit detailing your exhaustive search.
Losing a loved one is an incredibly emotional experience, and discovering that they may not have left a Will only adds to the stress. If a resident of Ontario dies without a valid Will, their estate is considered “intestate.” Before you can step up to manage their affairs, you must apply to the court for a Certificate of Appointment of Estate Trustee Without a Will. However, the court will not simply take your word for it that no Will exists .
Whether your loved one lived in a bustling city like Toronto or Ottawa, or a quieter community like Sudbury, Ontario law requires you to perform mandatory due diligence. You must conduct a thorough search to ensure you are not accidentally ignoring the deceased’s final wishes. This guide outlines the essential steps to legally verify that no Will exists before you file your probate application 📍.
Step-by-Step Process in Ontario
The Superior Court of Justice requires clear evidence that a proper search was conducted. If a Will is discovered after an intestate probate application is granted, it can invalidate the entire process and lead to severe legal and financial complications. Follow these steps to conduct a proper search.
Step 1: Search the Home and Personal Papers
Your first step is to conduct a meticulous physical search of the deceased’s residence. Look through filing cabinets, home safes, desk drawers, and lockboxes. Do not forget to check digital spaces as well, such as email folders or computer desktop files. Sometimes, people leave a note indicating where their original Will is stored, or you might find a business card from an estate lawyer they consulted .
Step 2: Contact the Deceased’s Lawyer or Local Law Firms
If you know the name of a lawyer the deceased used for a real estate transaction or a family matter, call that law firm immediately. If you do not know their lawyer, it is standard practice to contact the local county law association (for example, the Middlesex Law Association in London or the Peel Law Association in Mississauga). They can circulate a “Will search” email to all local lawyers asking if anyone holds an original Will for the deceased 📄.
Step 3: Check Bank Safe Deposit Boxes
Many Ontarians keep their original Will securely in a bank safe deposit box. You should visit the bank where the deceased held their primary accounts. While you cannot access the funds without a probate certificate, most bank branch managers will allow you to look inside the safe deposit box strictly to search for a Will, provided you have a copy of the death certificate and proof of your identity.
Step 4: Search the Superior Court Registry
In Ontario, individuals have the option to deposit their original Will with the Superior Court of Justice for safekeeping. You should contact the local courthouse in the region where the deceased lived to request a search of their registry. There is a small administrative fee to perform this search, but it is a critical step in proving your due diligence to the court.
Step 5: Swear the Affidavit of Search
Once you have exhausted all avenues and found nothing, you must formally document your efforts. When you apply for a Certificate of Appointment of Estate Trustee Without a Will, your application must include a sworn affidavit. In this legal document, you will declare under oath all the specific steps you took to locate the Will. A local estate lawyer can help you draft this to ensure it meets the court’s strict requirements.
How Much Does it Cost in Ontario?
Searching for a Will and applying for intestate probate involves several administrative and legal costs. Here are the estimated fees in CAD as of May 2026:
| Service / Expense Type | Estimated Cost (CAD) |
|---|---|
| County Law Association Will Search | $50 – $150 (Varies by region) |
| Court Registry Search Fee | $20 – $50 |
| Estate Lawyer Consultation | $300 – $500 per hour |
| Probate Application Filing Fee | Depends on Estate Administration Tax (EAT) |
How Long Does the Process Take?
A thorough search for a Will usually takes between 2 to 4 weeks. Waiting for responses from a county law association blast or corresponding with bank managers can cause minor delays. Once you confirm no Will exists and you file your application for intestate probate, the Superior Court of Justice typically takes 6 to 12 weeks to issue the Certificate of Appointment, depending on the backlog at your local courthouse.
Frequently Asked Questions (FAQ)
What if I find a photocopy but not the original Will?
In Ontario, the law presumes that if an original Will was last known to be in the deceased’s possession and cannot be found, the deceased destroyed it with the intention of revoking it. To use a photocopy, you must apply to a judge to prove the original was lost, not intentionally destroyed.
Can I just guess who the heirs are?
No. If there is no Will, the estate must be divided strictly according to the Succession Law Reform Act. This provincial law dictates exactly which relatives inherit and in what exact proportions.
Do I need a lawyer to search for a Will?
While you can physically search the home and contact banks yourself, hiring a local law firm from our directory is highly recommended. They can access professional search registries, contact other lawyers efficiently, and ensure your court affidavits are flawless.
Will the government take the estate if there is no Will?
This is a common myth. The government only takes the estate (called “escheat”) if the deceased has absolutely no living blood relatives, no matter how distant. In almost all cases, the money goes to surviving family members.
What happens if a Will is found after I distribute the money?
This is a serious legal issue. If a valid Will is discovered later, the original distribution may be deemed invalid. If you failed to conduct a proper search, you could be held personally financially liable by the beneficiaries named in the discovered Will.
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