Contents:
Are the Index and Estate Files available on this
website?
No. The Indexes and Estate Files are not
available on this website. This website provides directions
on how to determine which microfilm reels you need to
use in order to find the estate files that you are seeking.
These reels can then be consulted in our reading room
in Toronto or borrowed through interlibrary loan.
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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. Contact the Archives
of Ontario at reference@ontario.ca
for more details.
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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 they
died with a Will (testate) or without a Will (intestate).
The contents can include: Petition for Probate (with Will),
Petition for Administration (without Will), the original
Will, the executors' or administrators' oaths, and an
inventory of the assets. Our glossary
of legal terms provides definitions of some
key terms relating to estate matters.
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For what years does the Archives of Ontario hold
Estate files?
From 1793 to 1963. A new year of files comes into the
Archives' custody each year.
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Have all Estate Files been microfilmed?
No. Most Estate Files have been microfilmed up to 1930
(with some exceptions). These records, and indexes to
them, must be consulted in our reading room in Toronto,
borrowed through interlibary loan, or through a Family
History Centre. Estate Files created after
1930 are available only in their original paper format.
You must provide an Estate File number to consult the
file or to request copies.
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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 Handout). 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.
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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.
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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.
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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.
For more information consult our Wills
and Estates Pathfinder.
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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.
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Is the Application Number the same as the Estate
File Number?
No. The deceased's Application Number
has no relation to the Estate File Number.
The Office of the Surrogate Clerk of Ontario assigned
application numbers; Estate File numbers were assigned
by the local Surrogate Courts.
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What is the difference between a Non-contentious
Business (NCB) book and a Grant Book?
In many cases both books were used as Indexes to the
Surrogate Court Records for that county or district. They
were actually created as Registers of the courts actions,
specifically:
Non-contentious Business (NCB) books:
These volumes kept by the surrogate Court Registrar to
record of all applications made to the court for grants
of probate or administration, regardless of whether a
final grant was issued. NCB books were first required
to be kept by the Surrogate Courts in 1858 and usually
includes: the application number, the name, residence,
and addition of the deceased, the date of death, the date
the application was received, the name, residence, and
addition of the applicant, the nature of the application
(i.e. probate or administration), the date notice was
sent to the Surrogate Clerk and the date of receipt of
the Clerk's certificate, the date the order for the grant
was made, and any other proceedings in the case. Included
in the latter category are indications of inventories
filed, accounts passed, and renunciations made. Also,
if an estate became contentious (i.e. if the will or the
grant of probate or administration was contested), the
filing of a caveat against the estate was also noted.
From 1902, each entry also indicates the value of the
real and personal property of the estate.
Grant books: These volumes were kept
by the Surrogate Court Registrar to serve as the record
of all grants of probate, administration, and guardianship
of the Ontario County Surrogate Court. Unlike the Non-contentious
Business books, which record all applications made to
the court, the Grant books record only those grants which
were actually issued. Each entry includes: the name, residence
and occupation of the deceased; the date of death; the
date of the grant; the names, residence, and occupations
of the executors, administrators, or guardian; and the
nature of the grant (i.e. probate, administration, or
guardianship).
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