Province Wide Index to Surrogate Courts Applications to Probate
SECTION 1(a)
COURT RECORDS
These records were created by the courts in carrying out
their mandate. Microfilmed Probate and Surrogate Court indexes,
registers and estate files are listed here as well as Courts of
General Quarter Sessions of the Peace minute books, estreats and
miscellaneous papers.
The COURT RECORDS section of this catalogue is divided into
two sub-sections. The first section is for Probate and Surrogate
Court records, the second for Courts of General Quarter Sessions
of the Peace records . Within each section, entries are arranged
in alphabetical order by the name of the county (With one
exception - Probate Court records are listed at the beginning of
the Probate and Surrogate Court section under the heading PROVINCE WIDE).
WILLS AND ESTATE RECORDS
SHORT HISTORY OF PROBATE AND SURROGATE COURTS
A central Probate Court was established in 1793 with
province-wide jurisdiction over large estates or where property
was held in two or more districts (later counties). The Court
could also hear appeals from orders or judgements of district or
county Surrogate Courts. The Probate Court was abolished in 1858
and its jurisdiction was transferred to the Surrogate Courts of
each county or district.
Surrogate Courts were established in each district and
county after 1793. Initially the jurisdictions of the Courts
were limited to small estates where the property of the deceased
was held entirely within the boundaries of the district or
county. Following the abolition of the Probate Court in 1858,
the jurisdictions of the Surrogate Courts were expanded to then
include large estates and estates where property was held in two
or more districts or counties.
TYPES OF RECORDS
INDEXES: Almost always arranged in partial alphabetical
order by the first letter of the surname. The index usually
lists the name of the deceased and the estate file number.
For a few counties the indexes give only a page number in a
register requiring searchers to look up the register entry
to find the file number.
ESTATE FILES: Contain the original will (if there was one)
and documents leading up to the probate of the will. If
there was no will, there still may be an estate file
regarding the administration of the estate. Estate files do
not exist for everyone who died in Ontario, only those whose
estates passed through the court process. The wills of
people whose property consisted almost entirely of land
(e.g. farmers) were often placed with the local Land
Registry Office. In some counties as much as 60% of the
wills can be found at the Land Registry Office. No
reference to these wills will be found in the court records.
WILLS: A deposition made before witnesses, outlining the
deceased's final wishes with possible later codicils
(amendments). Filed in the Estate file, a copy was
transcribed into the Register or Probate Book.
LETTERS OF ADMINISTRATION: A Court order appointing an
administrator to distribute the estate of a person dying
without a will. Filed in the Estate File, a copy was
transcribed into the Register or Administration Book.
REGISTERS: Contain a transcription of the will (if it
exists) and the Courts copy of the grant of probate or
letters of administration. Some Surrogate Courts created
separate probate books for those estates where there was a
will and administration books for those estates probated
without a will.
PROBATE COURT RECORDS
HOW TO FIND A WILL
IF YOU DO NOT KNOW THE NAME OF THE COUNTY OR DISTRICT THE
WILL WAS PROBATED:
Search for the name of the deceased in the Surrogate
Court Clerk's Index to Application Books for the period
in which the person died. (See section 1 (b)
PROVINCE-WIDE SURROGATE COURT CLERK.) When you have
found the name make note of the application number
listed in the adjacent column.
Using this number look up the application in the
application book. This will tell you in what county or
district the application for probate was made. The
search is easier for post-1967 records as the index and
application book are found in a single volume.
Once you know the name of the county or district in
which the will was probated you should then turn to the
entry in this catalogue for the Surrogate Court of that
district or county. Follow the Instructions under the
heading SURROGATE COURT RECORDS - how to find a will or
estate file. Instructions vary slightly from county to
county and district to district the notes at the
beginning of each county/district will explain the
variation).
IF YOU DO KNOW THE NAME OF THE COUNTY OR DISTRICT IN WHICH
THE WILL WAS PROBATED:
Finding a will and supporting documents from the
Probate Court is a two step process.
1) Check the "Archives Alphabetical Index to
Estate Files" on microfilm MS 638 reel 32 to
determine if the estate file has survived.
2) If the name is listed in the index look at
the range of names on the Province-Wide
Probate Court, section 1(c) in this catalogue
to determine which reel of microfilm you should order.
SURROGATE COURT RECORDS
How To Find a Will or Estate file:
1) Find the entry in this catalogue for the
county or district in which the deceased
died. Order the index for the time period
in which the death occurred
2) Locate the name of the deceased in the index
and make note of the estate file number (in
some counties there may be an additional step
here if you have to go from the index to the
register before proceeding to the estate file)
3) Check the notes in this catalogue under the
appropriate county/district to find out which
number to record example: File number;
Application Number; Grant Number; Instrument Number
4) Look at the range of dates and estate file
numbers on the listing for the Surrogate
Court for the district or county in which you
are interested and order the relevant reel of film.
RECORDS NOT LISTED IN THIS GUIDE:
The estate files and indexes in this catalogue represent about
half of the Archives of Ontario's holdings of Surrogate Court
records. Some of these records have been filmed and are
available from other sources - other records exist only in their
original form. Sources and methods for obtaining access to
records varies according to time period. Consult the sections
below for more detailed instructions:
PRE 1930 ONTARIO SURROGATE AND PROBATE COURT (Estate Files)
The Genealogical Society of Utah has a virtually
complete run of pre-1930 Ontario Probate and Surrogate
Courts records on microfilm.
These films can be viewed at the Family History Centre
nearest you. (The Church of Jesus Christ of the Latter-
day Saints operates Family History Centers in many
locations in the United States and Canada). Each Center
is able to order microfilm from the central Family
History Library in Utah. To find the reference numbers
of the film you want you should consult the Family
History Library Catalog and look under "ONTARIO, [name
of COUNTY/DISTRICT] - PROBATE RECORDS" (the GSU uses
the term probate records for both Surrogate Courts and
Probate Court records).
1930-1955 SURROGATE COURT ESTATE FILES:
These records have not been filmed by either the GSU or the
Archives of Ontario. They may be viewed only in their
original format the Archives of Ontario, or you may request a
copy from the Archives of Ontario at the address below.
If the Surrogate Court estate file you are looking for
is not listed in this catalogue, but is between the period of
1931 to 1955,(in some cases,this period may differ slighty for
counties/districts, check the notes under the specific
county/district for more detalis). Please use the microfilmed
indexes to locate the estate file number. Send this number along
with the name of the county or district, the name of the
deceased, your name and address as well as a brief description of
what documents you would like copied to:
Justice Portfolio
Archives of Ontario
77 Grenville Street, Unit 300
Toronto, Ontario M5S 1B3
Tel. (416) 327-1546
Tel. (Ontario only) 1-800-668-9933
Fax. (416) 327-1999
COST:
You will be invoiced upon completion of your order at 35 cents
per page plus GST and mailing costs.
POST-1955 SURROGATE COURT RECORDS
These records are still in the custody and control of
the Ontario Court (General Division) - the successor to
the local Surrogate Courts. A copy may be obtained by
contacting the Local Registrar or Court Services
Manager for the county or district which created the
record. The address of the relevant court house is
given at the end of the entry for each Surrogate Court.
SECTION 1(b)
PROVINCE WIDE - SURROGATE COURT CLERK
(Registry Office in Toronto)
PROVINCE WIDE INDEX TO SURROGATE
COURTS APPLICATIONS FOR PROBATE
SUBJECT CATEGORY: COURT RECORDS: Province wide index to
Surrogate Courts Applications to Probate
RECORD GROUP TITLE: COURT RECORDS
SUB-GROUP HEADING: SURROGATE COURT CLERK
SERIES TITLES: Archives of Ontario Created Province-Wide
Index to Surrogate Court Estate Files, 1793
to 1858
Province-Wide Index to Application Books,
1858 to 1967
Province-Wide Application Books, 1858 to 1967
Province Wide Combined Index and Application
Books, 1968 to 1982
NOTE:
The Office of the Surrogate Court Clerk for Ontario was
established in 1858 to act a central registry for all probate
applications in Ontario to ensure that a will was not probated by
the Surrogate Courts in two or more counties or districts.
Applications for probate were sent by the Surrogate Court in
every county and district to the Office of the Surrogate Court
Clerk in Toronto. The applications were entered into an
application book in the order that they were received.
Alphabetical indexes were created to allow for searches to be
made by the name of the deceased. After 1968 the application
books and indexes were combined in a single volume.
If you do not know the county or district in which a will was
probated you should first search for the name of the deceased in
the Surrogate Court Clerk�s Index to Application Books for the
period in which the person died. When you have found the name
make a note of the application number listed in the column
adjacent to the name. Using the application number look up the
application in the application book. This will tell you the
county or district in which the application for probate was made.
Once you know the name of the county or district in which
the will was probated you should then turn to the entry in this
catalogue for the Surrogate Court of that district or county.
The instructions given there will tell you how to complete your search.
NOTE: Instructions vary slightly from county to county and
district to district.
Description Dates Microfilm Reference #
APPLICATIONS TO PROBATE:
SURROGATE COURT INDEXES 1793-1858 MS 830 Reel 1
INDEXES A-Z, A-H, Vol. 1, 2. 1858-1904 MS 404 Reel 1
INDEXES H-Z, A-H ,H-Z, 1892-1912 MS 404 Reel 2
A-Z, A-D
VOL. 1, 2, 3, 4.
INDEXES A-Z, A-Z, A-C 1908-1918 MS 404 Reel 3
VOL. 4, 5, 6.
INDEXES C-Z, A-Z, A-B 1915-1923 MS 404 Reel 4
VOL. 6, 7, 8.
INDEXES B-Z, VOL.8. 1921-1923 MS 404 Reel 5
INDEXES A-Z, A-H, VOL. 9, 10. 1923-1927 MS 404 Reel 20
INDEXES H-Z, A-Z, A-W 1926-1931 MS 404 Reel 21
VOL. 10, 11, 12.
INDEXES X-Z, A-Z, A-Z, A 1929-1937 MS 404 Reel 22
VOL. 12, 13, 14, 15.
INDEXES A-Z, A-R, VOL. 15, 16. 1935-1940 MS 404 Reel 23
INDEXES R-Z ,A-Z, A-J 1938-1945 MS 404 Reel 24
VOL. 16, 17, 18.
INDEXES J-Z, A-Z, A-B 1943-1950 MS 404 Reel 25
VOL. 18, 19, 20.
INDEXES B-Z, A-D VOL. 20, 21. 1948-1953 MS 404 Reel 26
INDEXES D-Z, A-J, VOL. 21, 22. 1950-1956 MS 404 Reel 27
INDEXES J-Z, A-N, VOL. 22, 23. 1953-1958 MS 404 Reel 28
INDEXES N-Z, A-T, VOL. 23, 24. 1956-1960 MS 404 Reel 29
INDEXES T-Z, A-T, VOL. 24, 25. 1960-1962 MS 404 Reel 30
INDEXES T-Z, A-Z, 1960-1965 MS 404 Reel 31
VOL. 25, 26, 27, 28.
APPLICATIONS TO PROBATE
INDEXES C-Z, A-Z, A-M, 1965-1967 MS 404 Reel 32
VOL. 28, 29, 30.
INDEXES M-Z, VOL. 30 1967 MS 404 Reel 33
Surrogate Court Clerk (after 1858):
APPLICATIONS TO PROBATE 1858-1875 MS 404 Reel 6
#1 - 976.
APPLICATIONS TO PROBATE 1875-1886 MS 404 Reel 7
#977-1058.
APPLICATIONS TO PROBATE 1886-1893 MS 404 Reel 8
#1025 - 1123.
APPLICATIONS TO PROBATE 1893-1899 MS 404 Reel 9
#1082 - 1154.
APPLICATIONS TO PROBATE 1899-1904 MS 404 Reel 10
#1155 - 3103.
APPLICATIONS TO PROBATE 1904-1908 MS 404 Reel 11
#3061 - 2297.
APPLICATIONS TO PROBATE 1908-1911 MS 404 Reel 12
#2269 - 51.
APPLICATIONS TO PROBATE 1911-1913 MS 404 Reel 13
#52 - 3085.
APPLICATIONS TO PROBATE 1913-1915 MS 404 Reel 14
#3086 - 3894.
APPLICATIONS TO PROBATE 1915-1917 MS 404 Reel 15
#3895 - 7884.
APPLICATIONS TO PROBATE 1917-1919 MS 404 Reel 16
#7885 - 7304.
APPLICATIONS TO PROBATE 1919-1921 MS 404 Reel 17
#7275 - 3494.
APPLICATIONS TO PROBATE 1921-1923 MS 404 Reel 18
#3495 - 1952.
APPLICATIONS TO PROBATE 1923-1924 MS 404 Reel 19
#1953 - 1134.
APPLICATIONS TO PROBATE 1924-1925 MS 404 Reel 34
#1737 - 7260.
APPLICATIONS TO PROBATE 1925-1927 MS 404 Reel 35
#7261 - 30.
APPLICATIONS TO PROBATE 1927-1928 MS 404 Reel 36
#31 - 3458.
Retake: page 145 SEE MS 404 Reel 85
APPLICATIONS TO PROBATE 1928-1929 MS 404 Reel 37
#3459 - 6257.
APPLICATIONS TO PROBATE 1929-1930 MS 404 Reel 38
#6258 - 7205.
APPLICATIONS TO PROBATE 1930-1931 MS 404 Reel 39
#7206 - 8645.
APPLICATIONS TO PROBATE 1931-1932 MS 404 Reel 40
#8646 - 10657.
APPLICATIONS TO PROBATE 1932-1934 MS 404 Reel 41
#10658 - 919.
APPLICATIONS TO PROBATE 1934-1935 MS 404 Reel 42
#920 - 3070.
APPLICATIONS TO PROBATE 1935-1936 MS 404 Reel 43
#3071 - 6311.
APPLICATIONS TO PROBATE 1936-1937 MS 404 Reel 44
#6312 - 8937.
APPLICATIONS TO PROBATE 1937-1938 MS 404 Reel 45
#8938 - 11146.
APPLICATIONS TO PROBATE 1938-1940 MS 404 Reel 46
#11147 - 1143.
APPLICATIONS TO PROBATE 1940-1941 MS 404 Reel 47
#1144 - 2650.
APPLICATIONS TO PROBATE 1941-1942 MS 404 Reel 48
#2651 - 3589.
APPLICATIONS TO PROBATE 1942-1943 MS 404 Reel 49
#3590 - 4185.
APPLICATIONS TO PROBATE 1943-1944 MS 404 Reel 50
#4186 - 4188.
APPLICATIONS TO PROBATE 1944-1945 MS 404 Reel 51
#4189 - 2986.
APPLICATIONS TO PROBATE 1945-1946 MS 404 Reel 52
#2987 - 1631.
APPLICATIONS TO PROBATE 1946 MS 404 Reel 53
#1632 - 15341.
APPLICATIONS TO PROBATE 1946-1947 MS 404 Reel 54
#15342-13278.
APPLICATIONS TO PROBATE 1947-1948 MS 404 Reel 55
#13279 - 10922.
APPLICATIONS TO PROBATE 1948-1949 MS 404 Reel 56
#10923 - 7999.
APPLICATIONS TO PROBATE 1949-1950 MS 404 Reel 57
#8000 - 4725.
APPLICATIONS TO PROBATE 1950-1951 MS 404 Reel 58
#4726 - 1024.
APPLICATIONS TO PROBATE 1951 MS 404 Reel 59
#31025 - 14399.
APPLICATIONS TO PROBATE 1951-1952 MS 404 Reel 60
#14400 - 10349.
APPLICATIONS TO PROBATE 1952-1953 MS 404 Reel 61
#10350 - 4803.
APPLICATIONS TO PROBATE 1953-1954 MS 404 Reel 62
#4804 - 184.
APPLICATIONS TO PROBATE 1954 MS 404 Reel 63
#185 - 13397.
Retake: page 85 SEE MS 404 Reel 85
APPLICATIONS TO PROBATE 1954-1955 MS 404 Reel 64
#13398 - 7305.
APPLICATIONS TO PROBATE 1955-1956 MS 404 Reel 65
#7306 - 1610.
APPLICATIONS TO PROBATE 1956 MS 404 Reel 66
#511 - 13703.
APPLICATIONS TO PROBATE 1956-1957 MS 404 Reel 67
#13704-6768.
APPLICATIONS TO PROBATE 1957 MS 404 Reel 68
#6769-18738.
APPLICATIONS TO PROBATE 1957-1958 MS 404 Reel 69
#18739-11533.
APPLICATIONS TO PROBATE 1958-1959 MS 404 Reel 70
#11534-3656.
APPLICATIONS TO PROBATE 1959 MS 404 Reel 71
#3657-16326.
APPLICATIONS TO PROBATE 1959-1960 MS 404 Reel 72
#16327-1851.
APPLICATIONS TO PROBATE 1960 MS 404 Reel 73
#1852-21211.
APPLICATIONS TO PROBATE 1960-1961 MS 404 Reel 74
#21212-11980.
APPLICATIONS TO PROBATE 1961-1962 MS 404 Reel 75
#11981-2884.
APPLICATIONS TO PROBATE 1962 MS 404 Reel 76
#2885-15964.
APPLICATIONS TO PROBATE 1962-1963 MS 404 Reel 77
#15965-6829.
APPLICATIONS TO PROBATE 1963 MS 404 Reel 78
#6830-20471.
Retakes: pages 122-503 see MS 404 Reel 85
APPLICATIONS TO PROBATE 1963-1964 MS 404 Reel 79
#20472 - 11233.
APPLICATIONS TO PROBATE 1964 MS 404 Reel 80
#11234-23258.
Applications combined with
indexes (after 1967):
APPLICATION/INDEX A-Z 1968 MS 404 Reel 81
APPLICATION/INDEX A-Z 1969 MS 404 Reel 82
APPLICATION/INDEX A-Z 1970 MS 404 Reel 83
APPLICATION/INDEX A-Z 1971 MS 404 Reel 84
Retakes: Letters A-J
see MS 404 Reel 85
APPLICATION/INDEX A-J 1971 MS 404 Reel 85
Retakes:
From Reel 36, page 145
From Reel 63, page 85
From Reel 78, pages 122-503
From Reel 84, letters A-J
APPLICATION/INDEX A-Z 1972 MS 404 Reel 88
APPLICATION/INDEX A-Z 1973 MS 404 Reel 89
APPLICATION/INDEX A-Z 1974 MS 404 Reel 90
APPLICATION/INDEX A-Z 1975 MS 404 Reel 91
APPLICATION/INDEX A-Z 1976 MS 404 Reel 92
APPLICATION/INDEX A-Z 1977 MS 404 Reel 93
APPLICATION/INDEX A-Z 1978 MS 404 Reel 94
APPLICATION/INDEX A-Z 1979 MS 404 Reel 95
APPLICATION/INDEX A-Z 1980 MS 404 Reel 96
APPLICATION/INDEX A-Z 1981 MS 404 Reel 97
APPLICATION/INDEX A-Z 1982 MS 404 Reel 98
SECTION 1(c)
PROVINCE-WIDE PROBATE COURT
(Courthouse at York later called Toronto)
WILLS AND ESTATE RECORDS
SUBJECT CATEGORY: COURT RECORDS: Wills and Estate Records
RECORD GROUP TITLE: COURT RECORDS
SUB-GROUP HEADING: PROBATE COURT
SERIES TITLES: Registers, 1793-1859
Estate Files, 1793-1859
NOTES:
The Registers contain a copy of the grants of probate and
administration for all estates that were probated by the Court of
Probate. The Estate files often contain more information than
the Register entry but a significant number of them are missing.
The "Index to Original Wills" on MS 638 reel 32 provides an
alphabetical index to all the estates that were probated by the
Court of Probate. The "Archives' Alphabetical Index to Estate
Files" (also on MS 638 reel #32) lists all surviving estate files.
Description Dates Microfilm Reference #
Alphabetical Index 1793-1859 MS 638 Reel 32
to Estate Files.
Index to Original Wills. 1793-1859
Register Vol. "A" 1795-1816 MS 638 Reel 32
Register Vol. "B" 1815-1826
Register Vol. "C" 1826-1827
Register Vol. "D" 1825-1834 MS 638 Reel 33
Register Vol. "E" 1834-1839
Register Vol. "F" 1827-1837 MS 638 Reel 34
Register Vol. "G" 1843-1845
Register Vol. "H" 1845-1847
Register Vol. "J" 1847-1849 MS 638 Reel 35
Register Vol. "K" 1848-1852
Register Vol. "L" 1852-1855 MS 638 Reel 36
Register Vol. "M" 1854-1856
Register Vol. "M" 1856-1858 MS 638 Reel 37
Register Vol. "N" 1858
Estate Files, Abel - 1793-1859 MS 638 Reel 37
Anderson, Richard
Estate Files, Anderson, Rob. - 1793-1859 MS 638 Reel 38
Bailey
Estate Files, Bain - Beasley 1793-1859 MS 638 Reel 39
Estate Files, Bechtel - 1793-1859 MS 638 Reel 40
Bownman, Charles
Estate Files, Bowman, Eliz. - 1793-1859 MS 638 Reel 41
Cameron, Duncan
Estate Files, Cameron,Hugh-Canby 1793-1859 MS 638 Reel 42
Estate Files, Canniff - 1793-1859 MS 638 Reel 43
Christie, John
Estate Files, Christie, Robert- 1793-1859 MS 638 Reel 44
Crabbe
Estate Files, Crafts - Dennis 1793-1859 MS 638 Reel 45
Estate Files, Dent-Earnest, Geo. 1793-1859 MS 638 Reel 46
Estate Files, Earnest, John - 1793-1859 MS 638 Reel 47
Fenton
Estate Files, Ferguson - 1793-1859 MS 638 Reel 48
Foster, Col. C.L.L.
Estate Files, Foster, E. - 1793-1859 MS 638 Reel 49
Grant, Hon. Alex.
Estate Files, Grant, John - 1793-1859 MS 638 Reel 50
Hardy, John M.
Estate Files, Hardy, Samual - 1793-1859 MS 638 Reel 51
Hoover
Estate Files, Hope - Jacob 1793-1859 MS 638 Reel 52
Estate Files, James - Kerr 1793-1859 MS 638 Reel 53
Estate Files, Kesler - Lewis 1793-1859 MS 638 Reel 54
Estate Files, Leys - Mateson 1793-1859 MS 638 Reel 55
Estate Files, Matthews - 1793-1859 MS 638 Reel 56
McGlashan
Estate Files, McGowan-McMurray 1793-1859 MS 638 Reel 57
Estate Files, McNab - McVeigh 1793-1859 MS 638 Reel 58
Estate Files, Mears - Misener 1793-1859 MS 638 Reel 59
Estate Files, Mishaw - Muns 1793-1859 MS 638 Reel 60
Estate Files, Munsie - Parsons 1793-1859 MS 638 Reel 61
Estate Files, Paterson - Polly 1793-1859 MS 638 Reel 62
Estate Files, Poole-Riddle, Ann 1793-1859 MS 638 Reel 63
Estate Files, Riddle, J.- Salmon 1793-1859 MS 638 Reel 64
Estate Files, Salyerds - 1793-1859 MS 638 Reel 65
Smith, Rev. John
Estate Files, Smith, John David- 1793-1859 MS 638 Reel 66
Stephens
Estate Files, Sterret - Symes 1793-1859 MS 638 Reel 67
Estate Files, Tait - 1793-1859 MS 638 Reel 68
Turner, Charles B.
Estate Files, Turner, Henry - 1793-1859 MS 638 Reel 69
Weaver, Cyrus
Estate Files, Weaver, Moses - 1793-1859 MS 638 Reel 70
Williams, John T.
Estate Files, Williams, Rich.- 1793-1859 MS 638 Reel 71
Yeomans, Horace
Estate Files, Young - Zwick 1793-1859 MS 638 Reel 72