Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP.

The Ontario Ministry of the Attorney General has once again revised the estate-related Court forms, this time under O. Reg. 72/25, which came into effect on August 13, 2025. These changes aim to streamline the probate application process and reduce administrative friction for estate professionals across the province, ultimately benefiting all parties involved in estate administration.

What Changed?

The amendments enacted in August 2025 modify two rules, revise eight forms, and rescind one form, all with the objective of improving clarity, consistency, and efficiency in estate administration.

Clearer Bond Requirements

• The bond section in probate applications now mirrors the language in Rule 74.11(5) of the Rules of Civil Procedure, offering clearer guidance on when a bond is required. This change helps reduce confusion around bonding requirements and aligns the forms with existing procedural rules.
• Affected Forms: 74A, 74J, 74.1A

Enhanced Service Details

• Applicants must now provide greater detail when serving the Children’s Lawyer, Public Guardian and Trustee, guardians or attorneys for property, parents or guardians of minors, and proposed litigation guardians. This includes identifying the recipient’s legal role, specifying the method of service (e.g., personal delivery or registered mail), confirming the date and location of service, and attaching to the application supporting documentation such as affidavits or delivery confirmations. The updated forms also require expanded affidavit language to confirm that all procedural requirements have been met. These changes aim to ensure that vulnerable parties are properly notified and represented, while reducing delays caused by incomplete or unclear service records.
• Affected Forms: 74A, 74B, 74B.1, 74J, 74.1A, 74.1B

 Improved Beneficiary Information

• Beneficiaries now receive clearer instructions on how to file a Notice of Objection and understand the implications of a probate certificate. These updates appear in the notices under applications for a Certificate of Appointment, Small Estate Certificate, or Confirmation of Appointment, helping beneficiaries make informed decisions.
• Affected Forms: 74A, 74.1A, 74J

Streamlined Objection Process

• Upon receiving a Notice of Objection, registrars will now send only a Notice to Applicant via Form 74O (or Form 74.1D for small estate applications), eliminating the previous requirement to also send Form 75.2 Notice that Objection has been Filed, which has been revoked. This streamlines the objection process and reduces redundancy.
• Affected Rule:03(3)
  Affected Forms: 74O, 74.1D
  Revoked Form: 75.2

Eliminating Redundancy in Passing of Accounts Filing Requirements

• The amendments eliminate duplicative filing requirements in applications to pass accounts that proceed on a contested basis with a hearing. This simplification helps reduce administrative burden and improves procedural efficiency.
• Affected Rule:18(11.5 and 11.7)

Grace Period for Pre-August Documents

The Ministry has allegedly clarified that documents signed prior to August 13, 2025, are still acceptable until December 31, 2025, as set out in an internal Ministry Directive. This grace period was recently confirmed by the Toronto Court Team Lead. However, your mileage may vary as some clerks in the region have reported previously signed documents being rejected despite the written directive from the Ministry. It is advisable to obtain signatures on the updated forms, as this approach minimizes the risk of rejection due to submission of outdated documents.

Modernized Filing Procedures

The August 2025 amendments didn’t just revise the forms; they also clarified and standardized how estate professionals file them. While some aspects are new, others reinforce practices that were already in place.

What’s Clarified: The Information Form

The Information Form has always been required when filing probate applications by email. It serves as a cover sheet that helps court staff identify the type of application, the documents submitted, and any relevant instructions. This requirement was already part of the Superior Court of Justice’s Practice Direction, even before the August 2025 updates.

What’s changed is that the Ministry has now reaffirmed and formalized this requirement across all court offices, ensuring consistency and reducing confusion. The updated guidance also expands the list of documents eligible for email submission and clarifies formatting and naming conventions for attachments.

What’s New: Broader Filing Flexibility

In addition to reaffirming the Information Form, the August 2025 changes:

• Explicitly permit filing by email, regular mail, or in person for all probate-related documents;
• Expand email eligibility to include applications, affidavits, consents, draft certificates, and responding documents like Notices of Objection;
• Provide clear instructions for filing estate litigation documents through Civil Claims Online and Civil Submissions Online, depending on the nature of the filing; and
• Standardize procedures under the Superior Court of Justice Consolidated Practice Direction, Parts I and IV.

These updates make the filing process more accessible, especially for law clerks managing high volumes or working remotely.

Final Thoughts

The August 2025 updates to Ontario’s estate forms represent a significant step towards greater clarity and consistency in the probate process. By streamlining procedures and reducing administrative burdens, these changes will benefit estate professionals and the public alike.

Stay tuned for more updates as Ontario continues to improve its estate administration processes.