For more information see Superior Court of Justice Consolidated Practice Direction Part I.ĭocuments to commence or respond to certain estate applications (Forms 14E, 38A, 74.44, 75.5, etc.) or motions (Forms 37A, 75.6, etc.) can be filed with the court through the Civil Submissions Online portal of Justice Services Online or in person. Do not use the “Civil Submissions Online” portal to file a Statement of Claim or Notice of Action in an estate litigation Where Civil Claims Online is used to file a Statement of Claim or Notice of Action involving an estate, filers should select “Wills,Įstates” as the ”Type of claim” to ensure that it will be assigned a court file number with an estates (ES) extension. Filing Estate Litigation Documents Electronicallyĭocuments commencing an action (Statement of Claim, Form 14A, Notice of Action, Form 14C) involving an estate can be filed with the court through the Civil Claims Online portal of Justice Services Online or in person.To learn more about how to electronically file a probate application or responding document, review the Superior Court of Justice Consolidated Practice Direction Part IV. This form provides guidance on the documents which must be filed for each type of probate application. You must attach an Information Form (version dated December 2023) to your email requesting the filing of your documents. Request for Notice of Commencement of Proceeding (Form 74P) Responding documents that can be filed by email include: nomination of applicant by foreign estate trustee (Form 74K) renunciations and consents (Forms 74G and 74H) supporting affidavits (Form 74D, 74E or 74F) proof of service or declaration (Forms 74B, 74B.1, 74.1B) applications for a Certificate of Appointment of Estate Trustee and Small Estate Certificate (Forms 74A, 74.1A, 74.1E, 74J) The documents that can be filed by email include: For amendments to the RCP that came into effect between January 2021 and July 2023, click here.Īpplications for probate certificates and supporting or responding documents may be filed by email to the Superior Court of Justice, by mail or in person.The new forms will be accepted for filing prior to that date. The new forms (dated November 1, 2023) must be filed as of April 1, 2024.A summary of the amendments can be found here and on the Ontario Regulatory Registry.Consequential form amendments to Forms 74A, 74.1A, 74J (amended to reference new Form 74G rather than Form 74H).
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New form created: 74G, Renunciation and Consent (replacing 74G Renunciation dated September 1, 2021, and 74H Consent dated September 1, 2021).Forms amended: 74F, Affidavit Regarding a Holograph will.388/23: Amendments made to the RCP to simplify probate application processes, effective April 1, 2024.
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Recent changes to the estate court forms and court rules
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Estate Forms under Rule 74, 74.1 and 75 of the Rules of Civil Procedure