Ontario Probate Records

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Ontario

Probate Records

Archives of Ontario

• Ontario Court of Probate and Surrogate Court Records: Wills and Estate Files - A Pathfinder

This pathfinder explains how to find wills (usually within estate files) that were filed with the Court of Probate and Surrogate Courts between the years 1793 to 1970.

History

• Probate records have been kept at the district or county level in Ontario by Surrogate Courts since 1793.
• Between 1793 and 1858, a central Probate Court of the province dealt with estates valued above a certain amount of money. When the Probate Court was abolished in 1858, the Surrogate Courts took over its functions.
• Registers are court order books recording petitions and grants of probate and administrators' bonds.
• In estate files you may find wills, inventories, and letters of administration.
• Wills involving land transactions were often not recorded with the court; but they were copied into deed books or general register books filed with registrars of deeds at land offices. See Ontario Land and Property.
• The original probate records are at the Archives of Ontario and at district land registry offices. The Family History Library and the Archives of Ontario have microfilm copies of many probate records for most Ontario counties. These include wills and indexes to 1930.
• As county and district boundaries changed, surrogate Court records from the original districts were taken over by one of the successor counties.

Finding an Estate File

Finding an estate file is usually a two stage process:

• First, examine the INDEX microfilm in order to find an estate file number.
• Second, find the correct ESTATE FILE microfilm that contains the will and other documentation that you are seeking.

Before 1859

Before 1859, wills were probated either by the province-wide Court of Probate or the local Surrogate Courts.

• The Court of Probate handled estates with property valued over £5 or that extended over two or more Districts.
• The Surrogate Courts handled smaller 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.

Indexes

Search both indexes:

• Ontario Surrogate Court Index 1793-1858 Look for county and the the year. For some counties a number will also be given.
• Look for the microfilm number: Ontario Probate Court Records -
  Surnames A to G
  Surnames H to N
  Surnames O to Z

Finding the Microfilm of Estate Records

1. To use at a FamilySearch Library near you, find the microfilm number in the FamilySearch Catalog listing: Probate registers, 1793-1858; and estate files, 1793-1859
2. Order to use in the Reading Room at the Archives of Ontario.