Short answer. The judge signs a certificate of allowance, attested by the court seal, which is attached to the will and both are filed and recorded by the clerk. If the will devises real estate, attested copies must also be recorded with the register of deeds where the land lies.

What the law says

If the court is satisfied, upon proof taken and filed, that the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under duress, menace, and undue influence, or fraud, a certificate of its allowance, signed by the judge, and attested by the seal of the court shall be attached to the will and the will and certificate filed and recorded by the clerk. Attested copies of the will devising real estate and of certificate of allowance thereof, shall be recorded in the register of deeds of the province in which the lands lie.

Rule 76, Section 13 — Certificate of allowance attached to proved will. Read the full provision →

The certificate of allowance

Once the court is satisfied that the will was duly executed and that the testator at the time of its execution was of sound and disposing mind, free from duress, menace, undue influence, or fraud when it was signed, the judge signs a certificate of allowance, attested by the seal of the court. That certificate is then physically attached to the will itself, becoming part of the same document going forward rather than a separate court record filed apart from it.

Filed and recorded by the clerk

Both the will and its certificate of allowance must then be filed and recorded by the clerk of court, giving the allowed will a permanent place in the court's own records as the authoritative, court-validated version of the testator's dispositions going forward, available for anyone who later needs to consult it, whether an heir, a creditor, or a party to a related dispute over the estate.

Real estate needs a second recording

Where the will devises real estate, the process does not stop at the court's own files. Attested copies of the will and of the certificate of allowance must also be recorded in the register of deeds of the province where the land lies, connecting the probate record to the land registry that governs title to the property, so that anyone checking the title later can trace it back to the court's allowance of the will.

Why this paper trail matters

Attaching the certificate to the will, recording both with the clerk, and then recording attested copies with the register of deeds for any devised real estate together create a chain of authentic, verifiable records. Anyone later dealing with the estate — a buyer of the land, a bank, another court — can trace the property back to a court-validated will rather than relying on the family's own unverified copy.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.