Probate

Overview of Probate

Estates Act, R.S.O. 1990, c. E.21

1 In this Act,

“administration” includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes; (“administration”)

“common form business” means the business of obtaining probate or administration where there is no contention as to the right thereto, including the passing of probate and administration through the Superior Court of Justice when the contest is terminated, and all business of a non-contentious nature to be taken in the Superior Court of Justice in matters of testacy and intestacy not being a procedure in a suit, and also the business of lodging caveats against the grant of probate or administration; (“forme ordinaire”)

“county” includes a territorial district; (“comté”)

“matters and causes testamentary” includes all matters and causes relating to the grant and revocation of letters probate of wills or letters of administration; (“matières et causes testamentaires”)

“will” includes a testament and all other testamentary instruments of which probate may be granted. (“testament”)

7 (1) An application for a grant of probate or letters of administration shall be made to the Superior Court of Justice and shall be filed in the office for the county or district in which the testator or intestate had at the time of death a fixed place of abode.