Affidavit On Application For Administration With Will Annexed

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.

Affidavit On Application For Administration With Will Annexed is a commonly used form within Nunavut. 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:

Use this form when no executor has been named in the will of the deceased.

Atticus Fast Facts About Affidavit On Application For Administration With Will Annexed

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit On Application For Administration With Will Annexed:

• This form pertains to the State of Nunavut

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 Nunavut’s Form Form 3 - Affidavit On Application For Administration With Will Annexed up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Nunavut 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 Nunavut 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 3, take a break, and then review. Probate and estate settlement processes in NU 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 3 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 3 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 Affidavit On Application For Administration With Will Annexed 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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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 Nunavut.

5 reasons you should submit Form 3 as quickly as possible:

1. The sooner you begin, the faster Nunavut 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 Nunavut. 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 Nunavut 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 Nunavut 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 Nunavut probate clerk or court for exact answers regarding Form Form 3, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit On Application For Administration With Will Annexed is one of the many probate court forms available for download through Atticus.

It may also be available through some Nunavut 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 Nunavut.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 3 - Affidavit On Application For Administration With Will Annexed 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 Nunavut probate court office.

Affidavit On Application For Administration With Will Annexed 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 Nunavut-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 Nunavut Form Form 3 - Affidavit On Application For Administration With Will Annexed. You can use this to get an idea of the context of the form and what type of information is needed.

Part II / Partie II Nunavut Gazette / Gazette du Nunavut Vol. 7, No 4 / Vol. 7, n° 4 15 FORM 3 Instructions: use this form when no executor has been named in the will of the deceased. IN THE NUNAVUT COURT OF JUSTICE IN THE ESTATE OF ____________________, deceased. (If the deceased was known under different names, state the names of the deceased in the following order: 1) name of deceased on his/her will, 2) name of the deceased on his/her death certificate, and 3) any other names of the deceased) AFFIDAVIT ON APPLICATION FOR ADMINISTRATION WITH WILL ANNEXED I, ___________________, of the __________ of ________________ in Nunavut, ___________________, (state your occupation), MAKE OATH AND SAY THAT: 1. ________________ (state name and aliases of deceased), late of the ________ of __________, in Nunavut, __________ (state occupation), died on or about the ___ day of _______________, 20____ , at ____________, and at the time of (his/her) death had (his/her) residence at the _______ of____________, in Nunavut (or, if residence was outside of Nunavut, add: “but had, at that time, property in Nunavut”). Instructions: fill in paragraph 2 to indicate whether the deceased was married, unmarried, widowed or divorced. Fill in paragraph 3 only if the deceased was living together with a person outside marriage (also known as a ‘common-law relationship’). Fill in paragraph 3 even if the deceased was still legally married. 2. The deceased at the time of death was ___________ (specify married, unmarried, widower, widow or divorced), and left (him/her) surviving: _______________ (list the names, ages and addresses of spouse, children and other persons who are entitled to share in the estate and their relationship to the deceased, and state whether any of these persons are under the age of 19. Also state whether any of these persons who are 19 years of age or over are mentally or physically disabled and therefore cannot earn a livelihood and state the name of any committee appointed for the estate of these persons). 3. Immediately before (his/her) death, the deceased was living, outside marriage, with ______________ (state the name, age and address of the person) and they had been cohabiting for a period of _________________(state the number of months or years). The deceased and _________________ were together the natural or adoptive parents of _______________________ (list the name(s), age(s) and address(es) of the child(ren)). 4. The deceased was predeceased by ______________ (for each predeceasing spouse, child or person who would have been entitled to a part of the estate, set out his/her name, date of birth, date of death and his/her relationship to the deceased). 5. The following persons were dependants of the deceased as defined in the Dependants Relief Act: _______________ (list names, ages and addresses of dependents). 6. The fair market value of the whole property of the deceased for which the grant of probate is requested is $__________, and full particulars of all the property is set out in the Schedule of Assets and Liabilities, which is attached and marked as Exhibit “A” to this affidavit. To the best of my knowledge, information and belief, all the debts and liabilities of the deceased as at the date of death are as set out in the attached Schedule of Assets and Liabilities. 7. I believe that the document (or documents) attached and marked as Exhibit “B” to this affidavit and marked by me with my signature, is the true and original last will (add, if applicable: and codicil or and codicils) of the deceased. Part II / Partie II Nunavut Gazette / Gazette du Nunavut Vol. 7, No 4 / Vol. 7, n° 4 8. The deceased was ____ years of age at the time the attached will was executed (if the deceased was under the age of 19 years, state whether the deceased was or had been married, or whether the deceased was a member of the Canadian Armed Forces or was a mariner or seaman) and the deceased did (or did not) marry since the execution of the will. 9. I have attained the age of 19 years. 10. I am a __________ (state relationship of the applicant to the deceased) of the deceased and _________________ (give name of executor) _________________ (add as applicable: “is dead without having taken out probate”, “has renounced all right to the probate of the will”, “the deceased did not in his or her will name any executor” or as the fact is). (Also, state why others having a priority or equal right to apply, if any, are not applying). 11. I do solemnly swear that I will faithfully administer the property of the deceased according to law and shall render a full and true account of my executorship when lawfully required. 12. Neither _________ nor __________ (list names of witnesses to the will) is a beneficiary, or the spouse of a beneficiary, named in the attached will. 13. The beneficiaries entitled to share in the estate are listed in the Schedule of Beneficiaries, which is attached and marked as Exhibit “C” to this affidavit. 14. If the grant is issued to me, I will surrender the grant to the Nunavut Court of Justice whenever the Court requires me to do so. 15. To the best of my knowledge, information and belief, no other application for a grant with respect to the attached will has been made. SWORN BEFORE ME at _______________________, in Nunavut, (community) on __________________, 20__. (month, day) A Commissioner for Oaths in and for Nunavut* My commission expires: ____________ Print name: _______________________ Signature of person swearing affidavit *If this document is sworn outside Nunavut, it must be sworn by a Notary Public. 16