How to Find Out If a Will Has Been Probated in Canada
Probated Wills in Canada become public records. This guide covers how to search for probate records, what information is available, and provincial-specific procedures.
Why probated Wills are public
Once a Will is admitted to probate (or letters of administration are granted), the documents become part of the public court record.
Rationale:
- Court has authority to administer the estate
- Public can verify
- Specific to court oversight
- Specific transparency principle
What becomes public:
- The Will itself
- Probate application
- Asset inventory
- Specific procedural documents
Before probate: No public record exists. Wills are private documents until probate.
Reasons to search probate records
Confirming you're a beneficiary
If you suspect you may be a beneficiary but executor hasn't contacted you, probate records may confirm.
Family research / genealogy
Probate records are valuable for family history research:
- Asset values
- Family relationships
- Specific historical information
Creditor claims
Creditor of deceased can search to identify estate to pursue claim.
Specific legal claims
- Dependant relief / wills variation claims
- Specific other potential claims
Journalist or other research
Public records accessible for legitimate research purposes.
Provincial search procedures
Ontario
Through the Ontario Superior Court of Justice (specific court location based on deceased's residence). In Ontario, probate is called a Certificate of Appointment of Estate Trustee.[1]
Methods:
- Online search through specific court portals (where available)
- In-person visit to specific court location
- Written request
Specific information needed:
- Deceased's full legal name
- Approximate date of death
- Possibly residence at death
Fees may apply for copies. Specific to circumstances.
British Columbia
Through the Supreme Court of British Columbia.
Specific provincial procedures. Some online search capability.[2]
Alberta
Through the Court of King's Bench of Alberta (which handles surrogate/estate matters — Alberta no longer has a separate Surrogate Court).
Specific procedures; specific to court location.
Manitoba
Through Manitoba Court of King's Bench.
Specific procedures.
Saskatchewan
Through the Court of King's Bench of Saskatchewan (Wills and Estates Registry).
Atlantic provinces
Specific provincial procedures vary:
- New Brunswick Probate Court
- Nova Scotia Probate Court
- PEI Probate Court
- Newfoundland Probate Court
Northern territories
Specific territorial procedures.
Search process — typical steps
Step 1 — Identify jurisdiction
Determine where deceased resided at time of death — that's typically the probate jurisdiction.
For deceased who moved provinces, primary residence at death governs.
Step 2 — Identify court
Provincial probate court for the jurisdiction. May be specific court location within province.
Step 3 — Search
Online search if available; in-person if needed; written request for specific records.
Step 4 — Confirm probate exists
If probate filed:
- Records available for review
- Specific document copies available for fees
If no probate:
- No public record
- Specific to circumstances
Step 5 — Obtain copies
Specific fees for document copies. Specific to province.
What you'll find in probate records
The Will
Full text of the Will, including:
- Beneficiary names and entitlements
- Executor information
- Specific provisions
- Signing and witnessing
Probate application
- Asset inventory
- Asset values
- Specific to date of probate
- Executor identification
Procedural documents
- Court orders
- Specific notices
- Specific to procedures
What's NOT in probate records
- Pre-death financial details beyond what's in inventory
- Specific account numbers (usually general descriptions only)
- Specific bank statements
- Most personal communications
What if probate hasn't happened
Possible reasons:
Estate small enough to skip probate
Many small estates don't require formal probate:
- Assets passing outside (joint accounts, designated beneficiaries)
- Below provincial small estate threshold
- Specific to circumstances
Estate still in administration
Probate process can take 4-16 weeks. May not yet be filed/granted.
No Will (intestacy)
Letters of administration apply instead. Same searchability after granted.
Specific provincial procedures
Some provinces have different searchability for letters of administration vs probate.
What if no public record exists
If no probate filed and you believe you should be a beneficiary:
Possible approaches:
- Contact known executor or family member
- Specific provincial procedures
- Specific to circumstances
If you have specific reason to believe Will exists but executor isn't administering:
- Lawyer consultation may help
- Specific provincial procedures
- Specific to circumstances
Limitations of probate search
Time delay
Probate takes 4-16 weeks to be granted; records not searchable until after grant.
Not all estates probated
Estates entirely in joint ownership or designated beneficiary accounts may not be probated. No public record exists.
Specific provincial differences
Specific provincial procedures vary; some easier to search than others.
Cost
Specific provincial fees for searches and document copies.
Privacy considerations
Probated estates are public — meaning:
- Beneficiaries' names visible
- Asset details visible
- Specific to public record nature
Estate planning implications:
For testators wanting privacy:
- Probate-avoidance strategies (joint accounts, designated beneficiaries)
- Multiple wills strategy (Ontario)
- Specific structures keeping assets out of probate
- Specific to circumstances
These reduce public information after death.
Specific to Canadian provincial differences
Each province has specific procedures:
- Online accessibility varies
- Fees vary
- Specific procedures
- Specific to circumstances
Contact specific provincial probate court for current procedures.
What we focus on at It's Simple Will
The Will Creator produces Wills that become public after probate. For testators wanting privacy, specific structures (joint ownership, designated beneficiaries) reduce what becomes public. Specific to circumstances.
Related guides
Citations & sources
- [1]Government of Ontario — Apply for Probate — Government of Ontario
- [2]Government of BC — Wills, Estates and Succession — Government of British Columbia
Frequently asked questions
Are probated Wills really public?
Yes. Once a Will is admitted to probate, it becomes part of the public court record. Anyone can request access to probated Wills, regardless of relationship to the deceased. Specific procedures and fees vary by province.
How do I search probate records?
Contact the provincial probate court where the deceased resided. Some provinces have online search portals; others require in-person visit or written request. Specific procedures vary. May need deceased's name, approximate date of death, and possibly residence.
What information is available?
After probate, available — Will itself; probate application documents; asset inventory; specific procedural documents. Pre-probate, no information typically. Different from records held by funeral home or financial institutions.
Why would I want to find out?
Common reasons — confirming you're a beneficiary; researching family history; specific legal claims (creditor, potential heir); journalist research; specific to circumstances. Anyone can search; no specific relationship required.
What if no probate is filed?
Not every estate is probated. If all assets pass outside probate (joint accounts, designated beneficiaries) probate may not be filed. No public record exists for those estates. The Will may exist privately but isn't publicly accessible.
Are there fees?
Provincial probate court typically charges modest fees for copies and searches. Specific to province. Some online searches free; document copies have fees.