Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act is a commonly used form within Manitoba. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act:

• This form pertains to the State of Manitoba

• The current version of this form was last revised on June 1, 2022

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Manitoba’s Form Form 74FF - Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Manitoba form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Manitoba probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 74FF, take a break, and then review. Probate and estate settlement processes in MB are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 74FF online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 74FF witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Manitoba.

5 reasons you should submit Form 74FF as quickly as possible:

1. The sooner you begin, the faster Manitoba can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Manitoba. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Manitoba is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Manitoba probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Manitoba probate clerk or court for exact answers regarding Form Form 74FF, and when in doubt— consult a qualified trust & estates lawyer for that area.

Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act is one of the many probate court forms available for download through Atticus.

It may also be available through some Manitoba probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Manitoba.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 74FF - Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Manitoba probate court office.

Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Manitoba-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Manitoba Form Form 74FF - Request For Order Under Section 47 Of The Court Of King’s Bench Surrogate Practice Act. You can use this to get an idea of the context of the form and what type of information is needed.

Form 74FF – page 1/3 File No. THE KING'S BENCH _______________________Centre IN THE ESTATE OF: , deceased REQUEST FOR ORDER UNDER SECTION 47 OF THE COURT OF KING’S BENCH SURROGATE PRACTICE ACT (Name, address and telephone number of party filing) Form 74FF – page 2/3 File No. THE KING'S BENCH _______________________Centre REQUEST FOR ORDER UNDER SECTION 47 OF THE COURT OF KING’S BENCH SURROGATE PRACTICE ACT IN THE ESTATE OF __________________________________________________________, late (name of deceased) of _____________________, Manitoba, deceased. (city/town) I, _______________________________________________ of ___________________, Manitoba, (name) (city/town) make oath and say: 1. That I am of the full age of 18 years and that my place of residence is above correctly stated. 2. That ____________________________________, late of __________________, Manitoba, (name of deceased) (city/town) died on or about the __________________, in ___________________, _______________. (date) (city/town) (province/territory) 3. That now produced to me, and marked as exhibit A to my affidavit, is the last will of the deceased, __________________________________________. (name of deceased) (OR) That I have made or caused to be made a careful search in all places where the deceased might have been expected to keep papers, but I have been unable to discover any will and I believe that the deceased died without having left any will. 4. That I am the _______________________________________________ and the deceased (state your relationship to the deceased or if you are the executor named in the will) died with the following persons entitled to a share in their estate: Name City/Province/Country of residence Relationship to deceased person Age (if under 18) (Attach a schedule if more space is needed. If a person entitled to share in the estate is not a spouse, child, parent, brother or sister of the deceased person, show how the relationship is traced.) Form 74FF – page 3/3 File No. 5.That the total value of all property of the deceased does not exceed $10,000.00 consisting of $___________________ personal property, and $___________________ real property (which includes any interest of the deceased in a real property mortgage). The real propert y is located in the Province of Manitoba and is more particularly described as follows: (insert full legal description) _________________________________________________________________________ 6.That the interest of the deceased in the above real property devolves (has been devised or sold) to ________________________________ of _________________, ______________ (name) (city/town) (province/territory) and I hereby request that the Court order that the deceased’s interest in the real property be vested in the said _______________________________________________________. 7.That I do solemnly swear that I will faithfully administer the property of the deceased, pay the just debts and funeral expenses of the deceased, distribute the residue (if any) according to law and render a full and true account of my administration when required. 8.I make this affidavit in support of a request for an order that the personal property of the deceased be paid or delivered to me and that the deceased's interest in any real property be dealt with as above requested or delivered to me to be disposed of by me as the Court directs. (Severally) Sworn (or Affirmed) before me at the ___________ of______________________ in the Province of Manitoba, this ____day of ________________, _____. ___________________________ Signature of Deponent ___________________________________ Deputy Registrar for King’s Bench, or Commissioner for Oaths in and for the Province of Manitoba My Commission Expires: _______________ NOTE If the deceased was a registered Indian under the Indian Act (Canada) and was resident on a reserve at their death, Rule 74 does not apply and you will need to file a Request for Administration with the Federal Government.