Ontario Government Record Series RG 22-398
63 metres of textual records
Series consists of estate files containing the original documentation filed with the court in proceedings leading to a grant of probate or administration.
Typically, an estate file includes the original will in cases of probate, administration bonds in cases of administration, petitions for probate or administration and supporting affidavits, and the order for probate or administration.
While some inventories of estates exist for the early period, the occurrence of these in the files becomes more frequent after 1892 when the Succession Duty Act required detailed inventories and lists of heirs to be included in the files of taxable estates. When the value of taxable estates was lowered by an amendment to the act in 1907, the presence of these inventories and lists becomes even more common.
If the will or the grant of probate or administration was contested, the estate file should also include the caveat filed against the estate, relevant citations and affidavits, and the final judgment issued by the court.
Series also contains custody applications made to the Thunder Bay District Surrogate Court under the authority of the Infants Act (1911). Under the Infants Act, a parent or third party could apply for custody of, or access to, a child by making application to the Surrogate Court of the county or district in which the child was residing. In making an order the court was required to consider the rights of both parents and the best interests of the child.
Files are arranged numerically by application (non-contentious business) number.
Click on the link(s) below for more information.Ontario. Surrogate Courts
The Archives of Ontario receives annual accruals to this series.
These records were created by the following Ontario government agency or agencies. Click on the agency reference code for information about this agency and other records it created.
|Surrogate Courts (BA44)|
For the years 1885-1931, consult RG 22-379 (Thunder Bay District Surrogate Court non-contentious business books) on microfilm MS 7568. For those years after 1966 where the Archives does not hold an index, consult the Superior Court of Justice - Estates Division, 2nd Floor, 277 Camelot Street, Thunder Bay, Ontario, P7A 4B3, 807-343-2700 for a file number and year.
For pre-1859 estate files, consult the online listing of self-service microfilm in the Finding Aid section.
For 1859-1930 files, consult the self-service microfilm listing for Thunder Bay District available online in the Microfilm Interloan Catalogue or in the User's Guide to Surrogate Courts and Surrogate Clerk Microfilm Reels in the Archives' Reading Room.
The post-1930 files have not been microfilmed so the original records must be requested from offsite storage. A minimum of one business day is required to retrieve the material onsite. Please contact a Reference archivist for more information on how to order these records.
Scroll up to "Finding Aid" for more information about any available finding aids or listings.