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 - 1967 The Archives of Ontario holds original Estate Files for all Counties and Districts in Ontario with a few exceptions,
Please note that Prince Edward County files up to 1930 are available at the Archives of Ontario on microfilm; original estate files up to 1967 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.
1968 - present The Estate Files are only available through the County or District Surrogate Courthouse that handled the dispersal of the estate. 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.
Entries for estate files from the Court of Probate include the name of the deceased, date of probate, occupation, location and microfilm reel number. Entries for estate files from the Surrogate Courts include the name of the deceased, year of probate, county and microfilm reel number; entries for some counties also include a file number, which you need to write down.
Write down the information you have found, then retrieve the microfilm reel (in the Archives’ Reading Room) or order it through your local library.
If I know the County and number or year of a pre-1859 Estate File, can I go straight to the microfilm? Yes. The GS1 microfilm of most pre-1901 Estate Files are available on self-serve reels in the Reading Room and through the Archives of Ontario's Microfilm Interloan Service. This microfilm is arranged by the County and then by the Estate File number.
