Wills and estate files
Research Ontario wills and estate files from 1785 to 1976 for most counties, and up to 1986 for some counties.
About wills and estates
When a person dies, they may leave behind belongings, real estate and other assets and liabilities, which is collectively called their estate. The will is the document that outlines what happens to the estate. In Ontario, wills are often probated (made official) by the courts, after the person’s death. The court issues letters probate to confirm the will is valid. If someone dies without a will, known as intestate, the courts may appoint someone to manage the estate, through letters of administration. Refer to the glossary of terms in this guide for more detailed definitions.
Types of records we have
The Archives of Ontario holds three primary record types related to wills and estates.
Indexes are alphabetical lists that provide file numbers, which you will need to locate an estate file or register
Estate files usually contain the will, application for probate or administration, affidavits, and other documents dealing with the succession itself
Registers usually include a copy of the will along with letters probate confirming the validity of the will or letters of administration for intestate cases
What estate files might tell you
Estate files contain valuable information about property ownership, including real estate and other assets, and family and heirs, including those who inherited property and their relationships to the deceased.
Information you need to search
You need to know the:
- name of the individual you are seeking
- year the will was probated
- Wills are typically probated within two years of the death date but may have taken longer.
- courthouse location where the will was probated
- The county, district, or town where the courthouse was located. Note: the courthouse that processed the will might be in a different location than where the person lived or died. Before 1869, the location may be the town of death.
If you don’t have the information
If you don’t have the:
- exact spelling of the person’s name
- Try various spellings or part of the name.
- year the will was probated
- Search a range of years or look for the death record or obituary if you are unsure of the date of death.
- courthouse location where will was probated
- For years between 1859 and 1982, consult the Application to Probate Book to find out which courthouse the will was probated in.
- For years before 1869, narrow down your search by person’s name and year. courthouse the will was probated in. For years before 1869, narrow down your search by person’s name and year.
Find records by year
Wills, estate files and registers are organized according to the filing system used during different time periods.
After 1976
We have records for Frontenac and Lincoln counties and Parry Sound and Rainy River districts: refer to 1859 to 1976.
All other records after 1976 are available through the courthouse that processed them. The courthouse that processed the will might be in a different location than where the person lived or died.
View a list of Ontario courthouses.
Note: we do not hold wills for individuals who have died recently. Wills are only available after probate is applied for, and there is no central database for wills that haven’t gone through probate. Try contacting the Law Society of Ontario, the deceased’s lawyer, financial institution, or ask relatives for assistance.
Related records
If you can’t find what you’re looking for in will and estate files or want to conduct further research, you can try researching related records.
Land Registration
Can tell you about the purchase and exchange of land. Until the 1920’s, many wills, where the estate was primarily land, were registered with the local Land Registry Office, instead of being brought to the court.
Vital Statistics
May help you find the date and location of a person’s birth, marriage and death.
Church records
Include death records created by the church.
Guardianship records
Can tell you about the change of guardians of children. Guardianship records may also be included in the indexes or registers of estate files.
Supreme Court of Canada
Probated some wills that were contested.
Library resources
Published library resources to help with your research can be viewed in our Reading Room or check your local library.
Inheritance in Ontario: Wills and Other Records for Family Historians by Jane E MacNamara
Looking ahead: a survey of estates, wills and trusts by Ralph C. Geddes of the Toronto General Trusts Corporation
Court of probate registers and estate files at the Archives of Ontario (1793-1859): an index for genealogical research by Bill Zuefelt
Surrogate Court index of Ontario, Canada, 1859-1900 vol. 1-27 by June Gibson, Elizabeth Hancocks, and Shannon Hancocks
Get help with your research
We can point you to useful resources to help you with your research. Contact us.
For professional research help, we have a list of private companies and freelance researchers that you can hire to do research on your behalf.
Glossary
Administrator/Administratrix: the person who the court appoints to distribute the estate of a person who died without a will.
Application to Probate Book: an official record to track the progress of probate cases and ensure that all necessary steps are being followed according to the law.
Court of Probate: a division of the Superior Court of Justice responsible for overseeing the legal process of validating wills, appointing estate trustees, and administering the estates of deceased persons. The Court of Probate handled estates valued at 5 pounds or more, in two or more districts, from 1783 to 1858.
Estate: When a person dies, they may leave behind belongings, real estate and other assets and liabilities, which is collectively called their estate.
Estate file: the court files containing the will and related documents.
Executor/Executrix: the person who a will names to distribute the estate.
Index: a list of estate file numbers.
Intestate: a person who dies without making a will.
Letters of Administration: the court document appointing an administrator to distribute the estate of a person who died without a will (intestate) or where the executor/executrix has since died or is unable to carry this function. It is found in the court’s registers.
Letters Probate: the court document confirming the executor/executrix named in the will. It includes the official transcript of the will, and it is found in the court’s register. The original copy of the will can be found in the estate file.
Prerogative Courts: before 1793, wills were deposited with public notaries while Prerogative Courts handled estates without a will.
Probate: the legal process of administering a deceased person’s estate (processing a person’s will through the courts. This includes validating their will, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Public notary: an authorized official who serves as an impartial witness to the signing of documents, administers oaths, and performs other administrative duties to deter fraud and ensure the authenticity of legal documents.
Register: a book volume containing the letter of probate issued by the court to confirm the will, and a copy of the will itself, or the letters of administration.
Surrogate Courts: historical courts responsible for the probate of wills, administration of estates, and guardianship matters, but their functions have since been absorbed by the Superior Court of Justice. Surrogate courts handled most estates after 1793.
Testate: a person who dies and has made a will.
Testator/Testatrix: a person who makes a will.
Will: a document a person creates to record their final wishes, including how to distribute their assets after they die. A will is a deposition made before witnesses that outlines the deceased’s final wishes. It may include later changes.