When someone dies with a Will, the named estate trustee may need to apply for a Certificate of Appointment of Estate Trustee with a Will (commonly called probate). This certificate gives them the legal authority to manage and distribute the deceased’s assets. Essentially, probate is the legal process of proving a will’s validity and confirming the authority of the executor to manage the estate.

When is a Certificate (probate) required?

Probate is typically required when:

• The estate is large
• Assets can’t be transferred without court authority (e.g. real estate, bank accounts)
• A financial institution demands it

Probate may not be necessary in some cases, such as if:

• all major assets are jointly held
• assets are of low value
• the asset has a designated beneficiary (such as with an RRSP or life insurance)
• the estate has been left to only one adult child
• the financial institution agrees to transfer the assets without probate.

Preparing the application

To apply, the estate trustee must provide the following documents and information:

• Form 74.04 – Application for Certificate
• Form 74.07 – Notice of Application
• Form 74.13 – Certificate of Appointment
• Form 74.11 – Renunciation(s), if any named trustees decline to act
• The original Will and any codicils
• Proof of death
• Information about the deceased (name, DOB, DOD, occupation, address)
• Applicant’s information
• Statement of the estate’s value (real and personal property)

Serving notice

The applicant must serve Form 74.07 to everyone entitled to a share of the estate (all beneficiaries), including any contingent beneficiaries. Contingent beneficiaries are ‘back up’ beneficiaries who may inherit such as if the primary beneficiary is deceased or refuses to accept the inheritance.

Getting the legal help you need

Wills are extremely important documents and relatively inexpensive to have prepared professionally. If you want to make sure your Will is legal and clearly expresses your wishes, you should consult a lawyer. A lawyer can also provide advice and assistance settling an estate.

								
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