Probate in York Region: Newmarket Courthouse

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Which court office takes the application

Probate in Ontario is handled by the Superior Court of Justice, and the Estates Act decides which office. Under section 7(1), the application is filed in the office for the county or district where the person had a fixed place of abode when they died. If they had no fixed home in Ontario, or lived outside the province, it goes to the office for the county or district where they had property (section 7(2)). Ontario’s probate guidance says the same thing in plain terms, and suggests contacting the court office in the county or district where the person lived if you are unsure whether anyone has already applied.

The Newmarket Courthouse is one of the Superior Court’s locations in its Central East region, alongside offices such as Barrie, Oshawa and Peterborough. The court’s own list of estates email addresses gives Newmarket a dedicated estates address. If the person lived in the area that office serves, this is where the application, whether for a Certificate of Appointment of Estate Trustee or a small estate certificate, will be filed. If you are unsure which office serves a particular address, confirm it with the court office before you send anything. Our probate page explains how we help estate trustees with the whole process.

The Newmarket Courthouse at a glance

These details come from the province’s court location page and the Superior Court’s own Newmarket page. Hours and contacts can change, so check those pages before a visit.

Newmarket Courthouse: details for estates filings
Item	Detail	Official source
Address	50 Eagle St. W., Newmarket, Ontario L3Y 6B1	ontario.ca court location page; Superior Court Newmarket page
Court office hours	Monday to Friday, 8:30 a.m. to 5:00 p.m.	ontario.ca court location page
Counter service	Monday to Friday, 9:00 a.m. to 11:00 a.m. and 2:00 p.m. to 4:00 p.m.	ontario.ca court location page
Civil telephone	905-853-4809	ontario.ca court location page
Estates email for probate filings	[email protected]	Superior Court list of email addresses for probate
Payment options at the courthouse	Credit card (Visa or Mastercard), debit (Interac), cash, cheque, money order	ontario.ca court location page
French-language services	Available over the phone and at the counter	ontario.ca court location page
Accessibility	An accessibility coordinator handles accommodation requests; contact details are on the location page	ontario.ca court location page

How filing by email works, step by step

Part I of the Superior Court’s Consolidated Civil Provincial Practice Direction lets counsel and parties file probate applications by email, including applications for a Certificate of Appointment of Estate Trustee and for a small estate certificate, together with supporting documents. Filing is directed to the email address the court lists for that location, which for Newmarket is the estates address above.

Prepare the application package. The forms depend on the case: Form 74A for the regular application, or Form 74.1A for a small estate, with the affidavits, consents, renunciations, proof of death and draft certificate the rules require. The court’s forms and what each one proves are explained in how to apply for a Certificate of Appointment of Estate Trustee.
Serve the beneficiaries first. Ontario’s guidance says the application must be sent to the people entitled to share in the estate before filing, and for a small estate at least 30 days before filing.
Complete the court’s Information Form. The practice direction requires it to be emailed with the application.
Follow the email format. The subject line must show the court’s acronym, the area of law, the court file number or that it is a new file, and the type of document. Each email, attachments included, must not exceed 35 pages. Attachments must be PDFs, each containing only one court form and named with the form number and type of document.
Send the originals and the tax in hard copy. The original will, any codicils, bonds and certified copies must go to the same court location by mail or courier, or be delivered in person. The Estate Administration Tax payment must also go by mail, courier or in person, not by email.
Watch your inbox. If court staff ask for corrections, corrected versions can be emailed. Staff will say which additional documents can be emailed and which must be in hard copy. A certificate is issued electronically and emailed to the address you provided.
File the Estate Information Return. Within 180 calendar days of the certificate, the estate trustee files the Estate Information Return with the Ministry of Finance.

The email process is only for probate applications. The practice direction says documents in estate litigation are filed like other civil litigation, through the Civil Submissions Online portal. A contested estate needs separate advice.

Filing by mail or at the counter, and what the hours mean

Ontario’s guidance says you can also mail the application documents and the tax payment to the court location. Paper filing and the hard-copy pieces of an email filing both end up at the same office, so the counter hours matter more than the office hours. The court office is open from 8:30 a.m. to 5:00 p.m., but counter service at Newmarket runs only from 9:00 to 11:00 in the morning and 2:00 to 4:00 in the afternoon. If you plan to drop off an original will or a certified cheque in person, arrive within one of those windows. Arriving at 11:30 a.m. or after 4:00 p.m. means waiting for the next window or using mail or courier instead.

Payment needs the same care. The courthouse lists credit cards among its general payment options, but Ontario’s probate guidance lists the ways to pay the Estate Administration Tax as cash or debit where available, certified cheque, a lawyer’s or firm’s trust account cheque, a trust company account cheque, bank draft or money order, with cheques made payable to the “Minister of Finance“. Credit cards are not on that list, so do not plan to pay the tax with one. How the amount is worked out is set out in how much is Ontario’s Estate Administration Tax.

What changes the answer

The person lived outside Ontario

If they had no fixed home in Ontario, the application goes to the office for the county or district where they had property (section 7(2) of the Estates Act). For someone who lived outside Ontario, Ontario property such as a cottage can decide which office is the right one. If the person lived in the city of Toronto, see our page on probate in Toronto instead.

The estate is small

For an estate worth $150,000 or less, the simplified small estate process applies, with a 30-day wait after notice before filing. Ontario says small estate applications are usually processed within five business days, compared with typically 15 business days for a regular application. See how Ontario’s small estate certificate works.

Someone else may already have applied

Before you file, Ontario’s guidance suggests checking with the named estate trustee, family or the court office in the county or district where the person lived, so your application is not rejected because another one was filed or a certificate already issued. A person with a financial interest can also file a request for notice in Form 74P.

There is no will

The office is the same, but the applicant, the consents and usually a bond change. Who can inherit is explained in who inherits if you die without a will in Ontario.

You need to see a court file

Ontario’s estates guidance notes that a fee must be paid to view a court file.

Example

For example, imagine Grace, a widow who lived in Richmond Hill, dies leaving a will that names her son David as estate trustee. She owned her house, appraised at $1,240,000 at her death with no mortgage, and had $85,600 in the bank, so the estate is worth $1,325,600. Rounded up to $1,326,000, that is $1,276,000 over the $50,000 threshold, and the Estate Administration Tax is 1,276 times $15, or $19,140.

David confirms with the court office that the application belongs at Newmarket. He serves his sister with the sworn application and the will by email, then emails the application package to the Newmarket estates address, keeping each email under 35 pages with one form per PDF. He couriers the original will, with its affidavit of execution, and a certified cheque for $19,140 payable to the Minister of Finance to 50 Eagle St. W. Had he preferred to drop them off himself, he would have aimed for the 9:00 to 11:00 or 2:00 to 4:00 counter window. When the certificate is issued, it arrives by email, and David notes the 180-day deadline for the Estate Information Return.

Common mistakes

Emailing the original will. A scan is not enough. Originals and certified copies go by mail, courier or in person.
Trying to pay the tax by email or credit card. The tax goes by mail, courier or in person, using one of the methods the probate guidance lists.
Oversized emails. Each email must stay within 35 pages, with one court form per PDF.
Arriving outside counter hours. The office opens at 8:30, but the counter serves the public only from 9:00 to 11:00 and 2:00 to 4:00.
Filing before serving. Beneficiaries must be served first, and for a small estate the 30-day wait has to run out.
Using the probate email for a dispute. Estate litigation documents go through Civil Submissions Online, not the estates address.

What to do this week

Confirm where the person had their fixed home at death, and which Superior Court office serves that area.
Find the original will and any codicils, and keep them safe for courier or delivery.
Get date of death values and work out the tax deposit.
Arrange the payment by one of the listed methods, such as a certified cheque payable to the Minister of Finance.
Decide whether to file by email or mail, and if by email, set up PDFs of each form separately.
If you plan to visit, put the counter hours in your calendar.
If you want a lawyer to handle the filing, our office is in Richmond Hill and we also meet by video anywhere in Ontario. A first consultation takes 30 minutes, and you can request one here.

Frequently asked questions

Do I have to go to the Newmarket courthouse in person?

No. The application can be emailed, and the originals and the tax payment can be sent by mail or courier. The certificate is emailed to you if you filed by email.

Can a small estate application be filed by email at Newmarket?

Yes. The practice direction covers applications for a small estate certificate and an amended small estate certificate, as well as regular applications.

Can I pay the Estate Administration Tax by credit card?

Ontario’s probate guidance does not list credit cards for the tax. The practice direction mentions credit card payment by phone only for filing fees, if any, not for the tax.

Is service available in French?

Yes. The courthouse page says French-language services are available over the phone and at the counter.

How long does the court take?

Ontario says regular applications are typically processed within 15 business days and small estate applications usually within five, longer if something is missing or a judge must decide an issue.

Can your firm file for us if we live elsewhere?

Yes. We meet clients by video anywhere in Ontario or in person at our Richmond Hill office, and you can read about our lawyers before you call.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 26, 2026.

Probate in York Region: what to expect at the Newmarket courthouse