Appointment of Estate Trustee with a Will

The Appointment of Estate Trustee allows an individual or individuals to be formally recognized as the executor(s) of a deceased person’s estate. It grants the estate trustee the authority to manage and distribute the estate’s assets according to the terms of the will.

What is the role of an Estate Trustee with a Will?

An estate trustee (executor) is the person or persons named in the will to carry out the terms of the will. Their duties include:

• Collecting the deceased’s assets
• Paying off any debts or taxes owed by the estate
• Distributing the remaining assets to the beneficiaries as outlined in the will
• Filing tax returns for the estate

If the estate involves assets like real estate, bank accounts or investments, financial institutions will usually require proof of the trustee’s authority, which comes in the form of a court-issued Certificate of Appointment of Estate Trustee with a Will.

When is a Certificate of Appointment Required?

A Certificate of Appointment is needed when:

• The estate contains significant assets such as real property or large financial holdings.
• Institutions like banks or investment firms require formal proof of the trustee’s authority before releasing the assets.
• There are disputes or questions about the will’s validity.

How to Obtain a Certificate of Appointment?

To apply for a Certificate of Appointment, also known as Probate, the estate trustee must gather all important documents and information of the deceased, such as the valid and final Will, death certificate, beneficiary identification etc. Then follow the following steps:

Step 1: Fill out the following Forms required for the Probate Application:

• Form 74A – Application for a Certificate of Appointment of Estate Trustee
• Form 74B – Affidavit of Service of Application for a Certificate of Appointment of Estate Trustee
• Form 74D – Affidavit of Execution of Will or Codicil
• Form 74E – Affidavit of Condition of Will or Codicil
• Form 74F – Affidavit Regarding a Holograph Will or Codicil

Step 2: Notify the Beneficiaries of Application Submission

You must share copies of your completed application forms with all individuals entitled to the estate, including beneficiaries. Ensure that the documents you distribute are signed by you in the presence of an Ontario Lawyer, who must also authenticate/notarize it. If the estate includes minors or adults deemed incapable of managing their affairs, the application form should also be sent to relevant legal guardians or representatives.

Step 3: File the Application

Once the necessary documents are prepared, the application must be filed at the court where the deceased resided. The filing includes:

• The completed forms
• The original will
• The original death certificate
• Proof of notice to beneficiaries
• Payment of the estate administration tax (also known as probate fees), which is based on the value of the estate’s assets.

The court will review the application to ensure that everything is in order and that the will is valid.

Step 4: Court Issues the Certificate of Appointment

If the court is satisfied with the documents, it will issue a Certificate of Appointment of Estate Trustee with a Will. This certificate grants the estate trustee legal authority to manage the estate and deal with third parties (e.g., banks, land registry offices, etc.).