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Small Estate Certificate application, Form 74.1A, sworn in Scarborough

When an Ontario estate is worth $150,000 or less, the court has a shorter probate route. Its application, Form 74.1A, has to be sworn or affirmed before a commissioner for taking affidavits, and so does the copy you send to the beneficiaries.

  • Notary public and commissioner for taking affidavits
  • From $20 for the first document
  • Walk-ins seven days a week at 1225 Kennedy Rd
Up to $50,000: no Estate Administration Tax
$50,001 to $150,000: small estate route, $15 per $1,000 over $50,000
Over $150,000: regular probate
$0$50,000$150,000

Thresholds from ontario.ca, Probate of a small estate and Estate Administration Tax, read on October 25, 2026.

One estate counted against the $150,000 line

The value that matters is what the deceased owned alone on the day of death. A worked example with made-up figures shows how the Ministry of Finance's rules sort it. Values are at the date of death, and each asset is described in the application the way the bank or the Ministry of Transportation will need to see it.

Goes into Form 74.1A

Listed in Part 3 or Part 4 and again in the draft certificate, Form 74.1C.

  • Chequing account in the deceased's name only$41,250
  • GIC at the same bank$22,000
  • 2017 sedan, with the VIN, year, make and model$9,800
  • Household and personal effects, one entry$2,500

Total value of the estate$75,550

Stays out of the total

These pass to someone without the certificate.

  • TFSA with a daughter named as beneficiary$30,000
  • Joint account with the spouse, passing by survivorship$12,000
  • Life insurance paid to a named beneficiary$50,000

Not counted$92,000

Funeral costs, a credit card balance and a car loan do not come off the value, so the $75,550 stands even if the estate owes money. A mortgage is the exception: real estate in Ontario is listed in Part 3 at its value after the mortgage, so a small condo can still fit under the line.

If the deceased left a car, the certificate is often what lets the family move it; the article on transferring a car after an owner dies covers the ServiceOntario side.

The tax on this example

Value rounded up to the next $1,000$76,000
Less the first $50,000, taxed at $0$26,000
26 thousands at $15$390
Paid to the Minister of Finance at filing$390

The oath comes before the 30-day wait, not after it

The copy that goes to each beneficiary must already carry your signature and the commissioner's. That puts the visit to a commissioner at the very start of the file.

0Day you swear it

Form 74.1A is sworn or affirmed and signed, then sent by email, mail or courier to everyone entitled to a share, and to the Children's Lawyer or the Public Guardian and Trustee where a minor or an incapable adult inherits.

30Days before filing

The earliest you can file at the Superior Court of Justice in the county or district where the deceased lived. Form 74.1B states that the 30 days have passed.

5Business days, usually

How long ontario.ca says the court normally takes. A missing paper brings a Registrar's Notice, Form 74.1D, instead.

180Calendar days after

The Estate Information Return goes to the Ministry of Finance within 180 days of the certificate, even when no tax was owed.

The notice printed with the form tells beneficiaries they can object by filing Form 75.1, which is why the court waits the full 30 days. Each of them receives a copy of the will too, or an extract of the gift if they are left one item or a fixed sum.

What goes into the court file with the application

The current form is RCP-E 74.1A, dated January 1, 2025, on Ontario Court Forms. Download it fresh rather than reusing an older copy.

Papers you complete

  1. Form 74.1A, the application, sworn or affirmed sworn here
  2. Form 74.1B, the request to file, confirming the 30 days
  3. Form 74.1C, the draft certificate, listing each asset exactly as in the application
  4. A bond (Form 74L or 74M) or an order dispensing with it, only where Part 10 says one is needed

Papers that come from others

  1. The original will and any codicils, if there is a will
  2. An affidavit proving the will, usually Form 74D sworn by one of its witnesses; our page on wills and estate documents explains 74D, 74E and 74F sworn here
  3. Proof of death, such as the death certificate
  4. Copies for banks and other holders, as certified true copies of the death certificate and the certificate once issued certified here

Swearing Form 74.1A at our counter

Bring the application filled in on every page and leave the signature line blank. We check your government photo ID against the applicant's name in the form, and you choose an oath or an affirmation, which carry the same legal weight.

On the last page the jurat has two boxes, in person or by video conference. At the counter it is in person: you sign, and the commissioner fills in the municipality and date, signs and stamps. If two people apply together, each signs their own affidavit section and both come to the desk.

If the will's witness lives nearby, the Form 74D affidavit can be sworn at the same visit, by the witness, in their own name.

Commissioning fee

First document$20
Each of the 2nd to 4th$15
Each from the 5th$10

Printing and copying are free, and the total is confirmed before anything is signed. Cash or e-Transfer. Clients rate the office 5.0 from 192 Google reviews.

What Ontario law lets a notary public do on a probate file

Ilya Kershtein is a notary public, not a lawyer, and a commissioner for taking affidavits. On a small estate application that means administering the oath or affirmation, witnessing your signature on Form 74.1A and on supporting affidavits, and certifying copies of the papers that go with it.

Who is entitled to apply, how an asset should be valued or described, and whether the small estate route suits a family are legal questions. Ontario.ca points applicants to a lawyer for them, and to the Law Society of Ontario's Lawyer Referral Service when they do not have one.

Questions about the small estate application

Walk in at 1225 Kennedy Rd, Monday to Friday 10:00 to 6:30, weekends 12:00 to 4:00, or book a time online.

Can a notary public commission Form 74.1A?

Yes. The form is sworn before a commissioner for taking affidavits, and an Ontario notary public has the powers of a commissioner.

Does the copy I send to the beneficiaries need to be commissioned too?

Yes. Ontario.ca says the copy you send or give them must be signed by you before a commissioner, who signs it as well, so swear the application before you send it.

Can I swear the application if I live outside Ontario?

You can swear it here if you come to the office. Part 10 of the form asks about a bond when the applicant lives outside Canada and the Commonwealth.

Will you fill in the asset list for me?

No. The values and descriptions are your sworn evidence, and deciding them is legal work. We commission the form you completed and can print it for you.

Fast & Reliable Notary Services

  • 416-951-3301
  • kershtein@gmail.com
  • 1225 Kennedy Road, Scarborough, Ontario, M1P 4Y1, Suite 2000, Unit #2020
  • Mon – Fri: 10:00 am – 6:30 pm
  • Sat – Sun: 12:00 pm – 4:00 pm
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