This is the follow up post to our April 28, 2013, blog post, about the ‘Probate’ process, what is now called Application for a Certificate of Appointment of the Estate Trustee.  Making the application to the Estates Court is not a difficult process, however, the Estates Court, specifically the Estates Registrar, is extremely unforgiving about mistakes in the application.  Thus, it is a good idea to get help from an experienced wills and estates lawyer.

The application process can be broken down into the following 4 steps:

  1. Make sure you have the original Will (and codicil(s), if any) of the deceased;
  2. Create a list of assets and liabilities on the date of death.  Collect all the information you can about the finances of the deceased.  If you do not yet know exact balances for every account, then give an estimate;
  3. Prepare draft application documents.  Some documents are affidavits and therefore must be sworn in front of a Notary or Commissioner, therefore this is a good time to meet with a wills and estates lawyer to prepare the application documents;
  4. Complete the documents, prepare the bank draft for the Estate Administration Tax, and submit the application package to the Estates Registrar of the Ontario Superior Court of Justice (in Toronto, at 330 University Ave., 7th floor).

Depending on the circumstances, there are many documents that may be required for the application.  The following documents are required in all applications where the deceased has a Will:

  • The original Will (and original codicil(s), if any);
  • Form 74.8, Affidavit of Execution of Will;
  • Form 74.4, Application for Certificate of Appointment of Estate Trustee with a Will;
  • Form 74.7, Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will;
  • Form 74.6, Affidavit of Service of Notice;
  • Form 74.13, Draft Certificate of Appointment of Estate Trustee with a Will

Fillable versions of all application forms are available online here.  There is no telling how long the processing of the application may take, so make sure to review your application package for possible errors before submitting it to the Estate Registrar.  Then, be patient, I can assure you that your application is ‘in the to do pile’. 

If you are the Estate Trustee, then we are more than happy to help you with the application process.  After reading this blog, just let us know how we can help.