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Note

You may be eligible to use the Probate eService to file for a Grant of Probate if you meet certain criteria. The Probate eService is an online service that a named sole executor can use to apply for a Grant of Probate. The eService will assist the sole executor in preparing and submitting the required probate documents to the court.

The information below applies if you do not meet the criteria to use the Probate eService. If you are representing yourself, you will need to visit the LawNet & CrimsonLogic Service Bureau to file all your documents.

When to file

Within 14 days after you file an application for a Grant of Probate or Grant of Letters of Administration, you will need to submit all of the following documents:

  • A Supporting Affidavit: You confirm on oath that the information and documents you have submitted to the court are accurate.
  • An Administration Oath: You confirm on oath that you will faithfully administer and account for the estate.

Note: If you require additional time to file, you need to file a Letter Requesting for Extension of Time through eLitigation. Explain your reasons and include supporting documents with your request, for the court's consideration.

What you will need

Follow these instructions to prepare the documents:

Supporting Affidavit (Form 225 of the Family Justice Courts (FJC) Practice Directions)

If you have already filed your Schedule of Assets, include a paragraph regarding the Schedule of Assets. View a sample.

If you have not filed your Schedule of Assets, do not include a paragraph regarding the Schedule of Assets. View a sample

Attach all of the following to the affidavit as exhibits:

Note: Before filing, you must swear or affirm the affidavit before a Commissioner for Oaths.

Administration Oath (Form 54, FJC Practice Directions)

View a sample.

Note: Before filing, you must swear or affirm the oath before a Commissioner for Oaths.

Note
If you have not filed your Schedule of Assets and you do not include it in the Supporting Affidavit, you will need to file a Supplementary Affidavit when you file the Schedule.

File the Supporting Affidavit and Administration Oath

Estimated fees

If you are filing through the LawNet & CrimsonLogic Service Bureau, the estimated fees include:

Item or service

Fee

File the Supporting Affidavit

$15

File the Administration Oath

$25

Note:

How to file the Supporting Affidavit and Oath

If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file the Supporting Affidavit and Administration Oath. The Service Bureau will notify you via email or SMS of whether your documents are accepted by the court.

If you only file the Schedule of Assets after you have submitted your initial application and the Supporting Affidavit, you will need to file a Supplementary Affidavit to confirm that the Schedule of Assets is true and accurate.

Estimated fees

If you are filing through the LawNet & CrimsonLogic Service Bureau, the estimated fees include:

Item or service

Fee

File the Schedule of Assets

$15

File the Schedule of Assets – Supplementary Affidavit

$25

Note:

How to prepare and file the Schedule of Assets Supplementary Affidavit

If you are not represented by a lawyer, follow these steps to prepare and file the documents:

  1. Visit the LawNet & CrimsonLogic Service Bureau to file the Schedule of Assets (Form 226 of the FJC Practice Directions). You will need to fill in a form by the Service Bureau.
  2. The Service Bureau will notify you via email or SMS of whether your document is accepted by the court.
  3. Collect the Schedule of Assets with the court seal from the Service Bureau and prepare the Schedule of Assets – Supplementary Affidavit. View a sample
  4. Swear or affirm the Supplementary Affidavit before a Commissioner for Oaths.
  5. Visit the LawNet & CrimsonLogic Service Bureau to file the Schedule of Assets – Supplementary Affidavit. The Service Bureau will notify you via email or SMS of whether your document is accepted by the court.

After you file

If all of your documents are accepted before the hearing date, the court may approve your application and inform you through a letter not to attend the scheduled hearing. After the court has also approved all relevant supporting documents including the Schedule of Assets, the court will issue the Grant of Probate or Letters of Administration. 

If you have not filed the supporting documents or if your documents were not accepted by the court before the hearing date, you will need to attend the scheduled hearing.

You may make the following requests:

  • (If you need more time to file) File a Letter Requesting for Extension of Time through eLitigation and request for the hearing to be postponed. Explain your reasons and include supporting documents with your request, for the court's consideration.
  • (If you need to change the court date) File a Request for Re-Fixing/Vacation of Hearing Dates through eLitigation at least 3 days before the scheduled hearing date.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to the Probate and Administration Toolkit (PDF, 1652 KB)


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