Appointment of Estate Trustee without a Will

Appointment of Estate Trustee comes in handy when an individual dies intestate, meaning without a valid Will. In such cases, a person must be appointed by the court to administer the deceased’s estate. This person, known as the estate trustee (administrator), is responsible for managing and distributing the deceased’s assets according to Ontario’s intestacy laws.

Here’s a detailed breakdown of the process from start to finish:

What is the Role of Estate Trustee without a Will?

When a person dies without a will, an estate trustee is appointed by the court to:

• Collect the deceased’s assets
• Pay any outstanding debts, taxes, or liabilities
• Distribute the remaining assets to the deceased’s heirs according to Ontario’s intestacy rules
• File tax returns for the deceased’s estate

Since there is no Will to dictate asset distribution, Ontario’s Succession Law Reform Act comes in effect in this case.

When is a Certificate of Appointment Required?

A Certificate of Appointment of Estate Trustee without a Will is required if:

• The estate contains significant assets such as real property, bank accounts, or investments.
• Financial institutions demand formal authority before releasing assets.
• There are potential disputes over who should manage the estate or the rightful beneficiaries.

If the estate is small or uncomplicated, (of less than or up to $150,000.00 value) it might be possible to manage without a formal certificate.

Without a will, certain family members are eligible to apply for the certificate, in the following order of priority:

• The spouse of the deceased
• Children of the deceased
• Grandchildren
• Parents of the deceased
• Siblings of the deceased
• Nieces and nephews
• Other relatives

If no one within these categories applies, a creditor of the estate may request the appointment.

How to Obtain a Certificate of Appointment?

Step 1: Gather Necessary Documents

Before applying, the applicant needs documents, such as:

• Lists of estate assets and financial accounts
• Marriage contract (if applicable)
• Proof of death/death certificate
• Necessary probate court documents

This inventory helps determine the value of the estate, which affects the probate fees and ensures that all assets are accounted for.

Step 2: Prepare the Required Forms

The following forms must be prepared:

• 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 74G – Renunciation and Consent
• Form 74H – Consent

If a Bond is needed:

• Form 74M – Personal Bond Sureties

OR

• Form 74L – Insurance or Guarantee Company Bond

Step 3: Serve Notice to Beneficiaries and Interested Parties

The applicant must serve notice to all potential beneficiaries and heirs under Ontario’s intestacy rules. This includes family members and anyone else who might have a legal interest in the estate.

Step 4: File the Application

Once the forms and documents are prepared, the applicant files them with the court in the jurisdiction where the deceased resided. The application includes:

• The completed forms
• The original death certificate
• Proof of notice to beneficiaries and heirs
• Renunciations (if applicable)
• Payment of the estate administration tax (probate fees), calculated based on the value of the estate.

The court will then review the application to ensure everything is in order and that there are no competing claims to the estate trustee role. If the court approves the application, it will issue a Certificate of Appointment of Estate. This certificate grants the appointed trustee the legal authority to manage and distribute the estate according to Ontario’s intestacy laws.