How to Find a Will
Archives
of Ontario
Research Guide 206
Are all Wills in the court records?
No. If the deceased's estate consisted ONLY of
real estate (e.g., farmers), the original Will may have
been deposited in the local Land Registry Office to transfer
the land to the heirs. Some Land Registry Offices hold over
60% of all surviving Wills. Because they were never probated,
these Wills are not indexed or registered in the court records.
Consult Inventory 61 (Private Property Registrations) for
further details.
Why should I be looking for an "Estate File"
rather than a Will?
An Estate File contains the documents used by
the Surrogate Court to disperse the deceased's estate, whether
he/she died with (testate) or without (intestate) a Will.
The contents can include: Petition for Probate (with Will)
or Administration (without Will), the original Will, the
executors' or administrators' oaths, and an inventory of
the assets (see the glossary at the end of this Guide for
further details).
Step #1: When was the deceased's estate dispersed?
ca. 1793-1858
These Estate Files are held by the Archives of
Ontario. Go to Step #2.
1859 - 1963
The Archives of Ontario holds original Estate
Files for all Counties and Districts in Ontario with the
following exception: Prince Edward County (files up to 1930
are available at the Archives of Ontario on microfilm; original
estate files up to 1960 are available at the Prince Edward
County Archives in Picton).
If you know which County or District Surrogate Court
handled the estate, go to Step
#3. If you do not know which Court handled
the estate, go to Step #4.
1964-present
The Estate Files are only available through the
County or District Surrogate Courthouse that handled the
dispersal of the estate (except for York County which is
available at the Archives on microfilm until 1967). Table
#1 at the end of this Guide is a list of Courthouse
addresses and telephone numbers. While most Courthouses
have the original Indexes for 1964-present, the Archives
may have a microfilmed copy covering up to 1967. If you
are looking for an Estate File number during this period,
go to Step #3. If
you do not know which Courthouse handled the estate, go
to Step #4.
Step #2: Using The Indexes To Find An Estate File Before
1859
Before 1859, estates were dispersed either by the provincial
Court of Probate or the local Surrogate
Courts. The Court of Probate (Series RG 22-155) handled
estates with property in two or more Districts valued over
5. The Surrogate Courts handled estates
with property within one District. With the abolition of
the Court of Probate in 1858, the Surrogate Courts assumed
complete responsibility for estate actions.
Search the Archives Descriptive Database (Files and Items
option) for the name of the deceased. Alternatively, search
one or both of the following paper indexes in the Reading Room.
The Archives has created two surname Indexes of Estate
Files before 1859.
Inventory 22, Appendix A1 (formerly Appendix
F) (Court of Probate) and
Inventory 22, Appendix A25 (formerly Appendix H)
(Surrogate Courts)
These Indexes are available on self-serve microfilm in
the Reading Room or through the Archives of Ontario
Microfilm Interloan
Service. Look up the deceased's name in both
Indexes, checking every possible spelling or typographic
error.
If the deceased's name is in Inventory 22, Appendix
A1 (Court of Probate), the microfilm reel number
will be listed in the margin.
If the deceased's name is in Inventory 22, Appendix
A25 (Surrogate Courts), record the County
and year in which the court
action took place.
- If the "No." column is blank (e.g., Philip
Wolf, Wellington Co., ____, 1843), the Estate Files for
that County are arranged by surname or by the year and
surname. Copy down the information given and go to Step
#5.
- If the "No." is given (e.g., Abner DeCow,
Haldimand Co., #74, 1855),
the Estate Files for that County are arranged by the Estate
File number. Copy down the information given and go to
Step #5.
If I know the County and number or year of a pre-1859
Estate File, can I go straight to the microfilm?
Yes. The GS 1 microfilm of most
pre-1901 Estate Files are available on self-serve reels
in the Reading Room and through the Archives of Ontario
Microfilm Interloan
Service. This microfilm is arranged by the
County and then by the Estate File number.
Step #3: Using The Indexes To Find An Estate
File After 1858
If you are looking for an Estate File between 1859-1900
from a County listed below, the Archives of Ontario has
alphabetical Indexes in the Reading Room bookcases. If you
find the deceased's name, record the Estate
File number and year,
then go to Step #5.
If your County or District is not listed below or if you
are looking for an Estate File after 1900, go to the next
paragraph.
|
Brant
Bruce
Carleton
Dufferin
Elgin
Essex
Frontenac
Grey
Haldimand
Halton
Hastings
|
Huron
Kent
Lambton
Lanark
Leeds & Grenville
Lennox & Addington
Lincoln
Norfolk
Northumberland & Durham
Ontario
Peel
|
Perth
Peterborough
Prescott & Russell
Prince Edward
Renfrew
Simcoe
Stormont, Dundas &
Glenngarry
Victoria
Waterloo
Welland
Wellington
|
The Archives of Ontario has microfilmed most of the Surrogate
Court Indexes up to 1967. In the Reading Room, consult
the User's Guide to Surrogate Courts and Surrogate
Clerk Microfilm Reels and look up the table for
the appropriate County/District. Available indexes appear
at the start of each table. Record the microfilm reel code
for the appropriate index. Index microfilm is available
on self-serve reels in the Reading Room and through
the Archives of Ontario Microfilm
Interloan Service.
Does every courthouse have a straightforward Index
of its Estate Files?
Unfortunately, no. Because court files were stored
in local Registry Offices, the Courthouse only kept a transcript
of the Will in the on-site Register Books
(see the glossary
at the end of this Guide). Some Courthouses only listed
the Estate File number in these Registers. If no Index is
listed in the User's Guide to Surrogate Courts
and Surrogate Clerk Microfilm Reels for a particular
County, retrieve the microfilm reel of the Register for
the appropriate years. The Estate File numbers will either
be listed in the Index at the beginning/end of the volume
or in the margin of the page indicated.
Were all estates dispersed shortly after the owner
died?
No. Many estates were not dispersed until the
spouse had also died or the children had come of age. Delays
of several decades are not unusual.
Should I also record the year that the courts handled
the estate?
Yes. Some Counties restarted sequentially numbering
their Estate Files every January 1st. More populated
Counties restarted every couple of decades when the Estate
File numbers became too unwieldy.
Does every Index list the Estate File numbers in
the same column?
No. Courthouses used different columns in their
Indexes to list the Estate File number beside the deceased's
name. See the header for each County/District in the User's
Guide to Surrogate Courts and Surrogate Clerk Microfilm
Reels if you have trouble determining which column
to use.
Once you have found the deceased's name, record the corresponding
Estate File number and, if given, the year
of the court action and go to Step
#5. If you do not find the deceased's name,
go to Step #4.
Step #4: Finding Which Courthouse May Have
Dispersed an Estate
If you are unsure which Courthouse dispersed the deceased's
estate, check the Applications for Probate - Application
Books and Index Books (Series RG 22-514) which
list every 1859-1982 Estate File and the Courthouse which
handled it.
If the Surrogate Court action occurred between
1859-1964, start with the Application for
Probate - Index Books. Go to the User's
Guide to Surrogate Courts and Surrogate Clerk Microfilm
Reels and consult the Surrogate Court of Ontario
table. The Indexes have been microfilmed on MS 404, Reels
1 to 5 and 20 to 31. Record which Index Book you need. This
microfilm is available on self-serve reels in the Reading Room and through the Archives of Ontario Microfilm
Interloan Service.
- If you find the deceased's name, record
the application number
and year, then return to
the User's Guide to Surrogate Courts and Surrogate
Clerk Microfilm Reels. The Applications
for Probate - Application Books have been microfilmed
on MS 404, Reels 6 to 19 and 32 to 78. Record which Application
Book you need. This microfilm is available on self-serve
reels in the Reading Room and through the Archives
of Ontario Microfilm
Interloan Service.
Look up the year then
the application number.
Amongst the information recorded will be the Courthouse
where the application was made. Once you have this,
go to Step #3
and look up the Estate File number. The Estate Files
ca. 1793-1963 are available only at the Archives of
Ontario; 1964-present, only at the Courthouse that handled
the action (except York County, which the Archives has
on microfilm up to 1967). Table
#1 at the end of this Guide
is a list of Courthouse addresses and telephone numbers.
- If you do not find the deceased's name,
that means the estate was never handled by the courts.
NOTE: The deceased's application
number has no relation to his/her Estate
File number. Application numbers are assigned by
the Office of the Surrogate Clerk of Ontario; the Estate
File numbers by the local Surrogate Court.
If the Surrogate Court action occurred between
1965-1982, start with the Applications
for Probate - Application Books. Go to the User's
Guide to Surrogate Courts and Surrogate Clerk Microfilm
Reels and consult the Surrogate Clerk of Ontario
table. These Application Books have been microfilmed on
MS 404, Reels 79 to 85 and are in the cabinet in the Reading Room. Within each year, the applications are alphabetically
arranged by the deceased's name and will list the Courthouse
where the application was made.
- If you find the deceased's name listed between
1965-1967, the Estate File will be at the Courthouse
that handled the action (except York County which the
Archives has on microfilm up to 1967). Table
#1 at the end of this Guide is
a list of Courthouse addresses and telephone numbers.
However, go to Step #3
to see if the Archives has a microfilm copy of their Surrogate
Court Indexes.
- If you find the deceased's name listed between
1968-1982, the Estate File will be at the Courthouse
that handled the action. Table
#1 at the end of this Guide is
a list of Courthouse addresses and telephone numbers.
- If you do not find the deceased's name,
that means their estate was never handled by the courts.
Step #5: Ordering Estate Files at the Archives
of Ontario
Does the Estate File date from before 1931 (or
for York County before 1968)?
These records have been microfilmed. Go to the
User's Guide to Surrogate Courts and Surrogate Clerk
Microfilm Reels and look up the appropriate County
or District. The Estate File [Wills] entries appear below
the Index and Register cards. Each row lists the year(s)
covered and the number of the first and last Estate File
on each reel. Record which reel you need.
The GS 1 microfilm of pre-1901 Estate
Files, the MS 887 microfilm of 1901-1930
Estate Files, and the MS 584 microfilm
of 1900-1930 York County Estate Files are available on
self-serve reels in the Reading Room and through
the Archives of Ontario Microfilm
Interloan Service. The MS 584
microfilm of 1931-1967 York County Estate Files are available
on self-serve reels in the Reading Room only.
If I know the County and number of a pre-1900 Estate
File, can I go straight to the microfilm?
Yes. The GS 1 microfilm of pre-1901
Estate Files are available on self-serve reels in the Reading Room and through the Archives of Ontario Microfilm
Interloan Service. The microfilm is arranged
in the cabinets in the Reading Room by the County then
by the Estate File number.
On the microfilm of the Estate Files, where do
I find the Estate File number?
When Estate Files were folded and filed, a small
wrapper was placed around the bundle. In most cases, only
the wrapper will list the Estate File number. On most Estate
File microfilm, the wrappers are smaller papers preceding
the larger legal-sized pages of the file itself.
Does the Estate File date from 1931 to 1963?
These Estate Files records are held by the Archives
but have not been microfilmed (except for York County which
is available at the Archives on microfilm until 1967). They
are stored at an off-site location and a minimum
of one business day is required to retrieve them to
the Archives of Ontario. Original files can only be viewed
in the Archives' Reading Room in Toronto, Ontario. Copies
can be ordered by telephone if you know which documents
are required. Photocopying charges may apply.
Does the Estate File date from 1964-present?
You must go to the County or District Surrogate
Court (currently, the Superior Court of Justice) that handled
the deceased's estate. With the exception of York County
records on microfilm until 1967, Estate Files are only available
through that Courthouse. See Table
#1 at the end of this Guide for
a list of Courthouse addresses and telephone numbers.
Glossary of Legal Terms
Administrator/Administratrix: man/ woman
appointed by the Courts to distribute the estate of a
person who died without a Will.
Dependents' Relief Act: Ontario law
permitting a spouse or child to obtain benefits from an
estate if not provided for in the Will.
Encroach: paying out of money or assets
held in trust to a beneficiary.
Escheat: appropriation by government
of an estate without a Will or next-of-kin.
Estate File: contains all documents
needed to grant Letters Probate or Letters of Administration.
Includes the petition for probate or administration, the
original Will, oaths of executors or administrators, tally
of assets, and related evidence.
Executor/Executrix: man/ woman named
in a Will to distribute the estate.
Index: organized by surname initial
and date. Gives the number of the deceased's Estate File
and/or the Register and page number.
Intestate: a person, or the act of dying,
without a Will.
Letters of Administration; with Will
Annexed: court grant appointing an administrator
to distribute the estate of a person dying without a Will;
the same in cases where the Executor named in the Will
has since died.
Letters Probate: court grant confirming
the Executor named in the Will. Includes the official
transcript of the will.
Life interest: benefits awarded by a
Will to be enjoyed only during the beneficiary's life.
Register: contains a transcription of
the Will (if it exists) and the Court's copy of the grant
of probate or administration. Some Counties had separate
Probate and Administration Books (the Will is in the former).
Succession Duty Act (1892): Ontario
law requiring duty be paid on estates. The Act dictates
a full valuation be made of the estate with a beneficiaries
roll listing their relation (if any) to the deceased.
Proof of payment of all duties had to be filed with the
Court before the estate could be finally probated.
Testate: a person, or the act of dying,
with a Will.
Testator/Testatrix: man/ woman who makes
a Will.
Will: a deposition made before witnesses,
outlining the deceased's final wishes. May include later
codicils (amendments). The original was filed in the Estate
File and a transcription copied into the Register. Early
courts allowed Wills to be registered "in anticipation"
but this does not mean they were eventually probated.
TABLE #1: Ontario Courthouse Addresses and
Telephone Numbers
This Table lists the Courthouse address and telephone numbers
for each of Ontario's Counties and Districts.
Table #1: Ontario Courthouse
Addresses and Telephone Numbers
| County/ District |
Courthouse Address |
| Algoma |
Superior
Court of Justice - Estates Division
426 Queen Street East
PO Box 550
Sault Ste. Marie, Ontario
P6A 1Z7
705-945-8000,ext. 450 |
| Brant |
Superior Court of Justice
- Estates Division
70 Wellington Street
Brantford,
Ontario
N3T 2L9
519-752-7828 |
| Bruce |
Superior Court of Justice
- Estates Division
207 Cayley Street, PO Box 39
Walkerton,
Ontario
N0G 2V0
519-881-1052
|
| Carleton |
Superior Court of Justice
- Estates Division
161 Elgin Street, 2nd Floor
Ottawa,
Ontario
K2P 2K1
613-239-1560 |
| Cochrane |
Superior Court of Justice
- Estates Division
149 Fourth Avenue
Cochrane, Ontario
P0L 1C0
705-272-4256 |
| Dufferin |
Superior Court of Justice
- Estates Division
10 Louisa Street, 1st. Floor
Orangeville,
Ontario
L9W 3P9
519-941-5802 |
Durham, United
Counties of Northumberland & - see Northumberland
& Durham
|
| Durham, Regional
Municipality of |
Superior Court of Justice
- Estates Division
605 Rossland Road East
P.O. Box 640
Whitby, Ontario
L1N 9G7
905-430-5800
Before 15/10/1973, known as County of Ontario,
see Northumberland
& Durham |
| Elgin |
Superior Court of Justice
- Estates Division
145 Curtis Street, P.O. Box 310, Station Main
St Thomas, Ontario
N5P 3T9
519-633-1720 |
| Essex |
Superior Court
of Justice - Estates Division
245 Windsor Drive
Windsor, Ontario
N9A 1J2
519-973-6620 |
| Frontenac |
Superior Court of Justice
- Estates Division
5 Court Street
Kingston, Ontario
K7L 2N4
613-548-6811 |
| Glengarry - see
Stormont, Dundas & Glengarry |
| Grenville - see
Leeds |
| Grey |
Superior Court of Justice
- Estates Division
611 9th Avenue East
Owen Sound,
Ontario
N4K 6Z4
519-370-2430 |
| Haldimand |
Superior Court of Justice
- Estates Division
55 Munsee Street,
Cayuga, Ontario
N0A 1E0
905-772-3335 |
| Haliburton - see
Victoria |
| Halton |
Superior Court of Justice
- Estates Division
491 Steeles Avenue East
Milton,
Ontario
L9T 1Y7
905-878-4165 |
| Hamilton Wentworth
- see Wentworth |
| Hastings |
Superior Court of Justice
- Estates Division
235 Pinnacle Street
Belleville,
Ontario
K8N 3A9
613-962-9106 |
| Huron |
Superior Court of Justice
- Estates Division
1 Court House Square,
Goderich,
Ontario
N7A 1M2
519-524-2519 |
| Kenora |
Superior Court of Justice
- Estates Division
216 Water Street,
Room 211
Kenora, Ontario
P9N 1S4
807-468-2842 |
| Kent |
Superior Court of Justice
- Estates Division
425 Grand Ave. West
Chatham,
Ontario
N7M 6M8
519-355-2200 |
| Lambton |
Superior Court of Justice
- Estates Division
700 Christina Street North,
Sarnia,
Ontario
N7V 3C2
519-333-2950 |
| Lanark |
Superior Court of Justice
- Estates Division
43 Drummond Street East
Perth,
Ontario
K7H 1G1
613-267-2021
|
Leeds &
Grenville |
Superior Court of Justice
- Estates Division
41 Court House Square
Brockville,
Ontario
K6V 7N3
613-341-2800 |
| Lennox & Addington |
Superior Court of Justice
- Estates Division
41 Dundas Street West
Napanee,
Ontario
K7R 1Z5
613-354-3845
|
| Lincoln/Niagara
North |
Superior Court of Justice
- Estates Division
59 Church Street,
1st floor
St. Catharines, Ontario
L2R 7N8
905-988-6200 |
| Manitoulin |
Superior Court of Justice
- Estates Division
27 Phipps Street
Gore Bay, Ontario
P0P 1H0
705-282-2461 |
| Middlesex |
Superior Court of Justice
- Estates Division
80 Dundas Street
London, Ontario
N6A 6A3
519-660-3000 |
| Muskoka |
Superior Court of Justice
- Estates Division
3 Dominion Street North
Bracebridge,
Ontario
P1L 2E6
705-645-8793 |
| Niagara North -
see Lincoln |
| Niagara South -
see Welland |
| Nipissing |
Superior Court of Justice
- Estates Division
Court House
360 Plouffe Street,
North Bay,
Ontario
P1B 9L5
705-495-8309 |
| Norfolk |
Superior Court of Justice
- Estates Division
530 Queensway West
Level 3
Simcoe, Ontario
N3Y 4L2
519-426-6550
|
Northumberland
& Durham |
Superior Court of Justice
- Estates Division
860 William Street
Cobourg, Ontario
K9A 3A9
905-372-3751
After 15/10/1973, see Durham |
Ontario (pre- 1974
files) - see Durham
|
Ottawa - Carleton
- see Carleton
|
| Oxford |
Superior Court of Justice
- Estates Division
415 Hunter Street
P.O. Box 70
Woodstock, Ontario
N4S 7W5
519-539-6187 |
| Parry Sound |
Superior Court of Justice
- Estates Division
89 James Street
Parry Sound,
Ontario
P2A 1T7
705-746-4251 |
| Peel |
Superior Court of Justice
- Estates Division
7755 Hurontario Street,
Brampton,
Ontario
L6W 4T6
905-456-4744 |
| Perth |
Superior Court of Justice
- Estates Division
17 George Street, West
Stratford,
Ontario
N5A 1A6
519-271-1850 |
| Peterborough |
Superior Court
of Justice - Estates Division
470 Water Street
Peterborough,
Ontario
K9H 3M3
705-876-3816 |
Prescott &
Russell |
Superior Court of Justice
- Estates Division
59 Court Street
L'Original, Ontario
K0B 1K0
613-675-4567 |
| Prince Edward |
Superior Court of Justice
- Estates Division
44 Union Street
Picton, Ontario
K0K 2T0
613-476-6236 |
| Rainy River |
Superior Court of Justice
- Estates Division
333 Church Street
Fort Francis,
Ontario
P9A 1C9
807-274-5961 |
| Renfrew |
Superior Court of Justice
- Estates Division
31 Riverside Drive
Pembroke,
Ontario
K8A 8R6
613-732-8581 |
| Simcoe |
Unified Family Court
114 Worsley Street
Barrie, Ontario
L4M 1M1
705-739-6111
|
| Stormont,
Dundas & Glengarry |
Superior Court of Justice
- Estates Division
29 Second Street West
Cornwall,
Ontario
K6J 1G3
613-933-7500 |
| Sudbury |
Superior Court of Justice
- Estates Division
155 Elm Street
Sudbury, Ontario
P3C 1T9
705-564-7600 |
| Thunder Bay |
Superior Court of Justice
- Estates Division
277 Camelot Street
2nd Floor
Thunder Bay, Ontario
P7A 4B3
807-343-2700 |
| Timiskaming |
Superior Court of Justice
- Estates Division
393 Main Street,
PO Box 609
Haileybury, Ontario
P0J 1K0
705-672-3321
|
| Victoria |
Superior Court of Justice
- Estates Division
440 Kent Street West
Lindsay,
Ontario
K9V 6G8
705-324-1400 |
| Waterloo |
Superior Court of Justice
- Estates Division
20 Weber Street
Kitchener, Ontario
N2H 1C3
519-741-3200
|
| Welland/Niagara
South |
Superior Court of Justice
- Estates Division
102 East Main Street
Welland,
Ontario
L3D 3W6
905-735-0010 |
| Wellington |
Superior Court of Justice
- Estates Division
74 Woolwich
Guelph, Ontario
N1H 3T9
519-824-4100
|
| Wentworth |
Superior Court of Justice
- Estates Division
55 Main Street West
Hamilton,
Ontario
L8P 1H4
905-645-5252 |
York
1967-1980 City of
Toronto
1980-present |
Superior Court of Justice
- Estates Division
330 University Avenue,
7th floor
Toronto, Ontario
M5G 1R7
416-326-2940 |
York, Regional
Municipality
1980-present |
Civil Office
Superior Court of Justice
50 Eagle Street West
Room 2025
Newmarket, Ontario
L3Y 6B1
905-853-4809 |
