Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021)

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.

Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021) is a commonly used form within Ontario. 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:

View Form 74.30

ON Form 74.30, which may also referred to as Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021), is a probate form in Ontario. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

View this form

Atticus Fast Facts About Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021):

• This form pertains to the State of Ontario

• The current version of this form was last revised on February 1, 2021

• The official Ontario source for this form is here.

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 ’s Form 74.30 - Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Ontario 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 Ontario 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 74.30, take a break, and then review. Probate and estate settlement processes in ON 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 74.30 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 74.30 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 Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021) 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 Ontario.

5 reasons you should submit 74.30 as quickly as possible:

1. The sooner you begin, the faster Ontario 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 Ontario. 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 Ontario 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 Ontario 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 Ontario probate clerk or court for exact answers regarding Form 74.30, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021) is one of the many probate court forms available for download through Atticus.

It may also be available through some Ontario 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 Ontario.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 74.30 - Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021) 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 Ontario probate court office.

Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021) 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 Ontario-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

View Form 74.30

ON Form 74.30, which may also referred to as Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021), is a probate form in Ontario. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

View this form

Here’s the text, verbatim, that is found on Ontario Form 74.30 - Application For Certificate Of Appointment Of Estate Trustee During Litigation (Effective 4/6/2021). You can use this to get an idea of the context of the form and what type of information is needed.

FORM 74.30 Courts of Justice Act APPLICATION FOR CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE DURING LITIGATION ONTARIO APPLICATION FOR CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE DURING LITIGATION SUPERIOR COURT OF JUSTICE at (Form 74.30 Under the Rules) This application is filed by (insert name) DETAILS ABOUT THE DECEASED PERSON Complete in full as applicable First given nameSecond given nameThird given nameSurname And if the deceased was known by any other name(s), state below the full name(s) used including surname. First given nameSecond given nameThird given nameSurname Date of birth of the deceased person, if known: (day, month, year) Address of fixed place of abode (street or postal address) (city or town)(county or district) If the deceased person had no fixed place of abode in Ontario, did he or she have property in Ontario? Last occupation of deceased person NoYes Place of death (city or town; county or district)Date of death (day, month, year) VALUE OF ASSETS OF ESTATE Note: Under “Real estate, net of encumbrances”, do not include any real estate in Ontario that is held jointly and passes by survivorship or any real estate outside Ontario. Under “Personal Property”, do not include money or property held jointly and passing by survivorship (such as a bank account), or money or property to which a person is entitled by virtue of a beneficiary designation under, for example, a life insurance contract, a registered pension plan, a registered retirement savings plans, a registered retirement income fund, a life income fund, a locked-in retirement account or a tax free savings account. RCP-E 74.30 (FEBRUARY 1, 2021) Personal propertyReal estate, net of encumbrancesTotal $$$ This application is made pursuant to an order for the appointment of an estate trustee during litigation, made by (name of judge)(day, month, year) on AFFIDAVIT(S) OF APPLICANT(S) (Attach a separate sheet for additional affidavits, if necessary) I, a trust officer named in this application, make oath and say/affirm: 1.I am a trust officer of the corporate applicant.render a complete and true account of its administration when lawfully required. 2.I am 18 years of age or older. 3.The corporate applicant will faithfully administer the deceased person's property according to law, make no distribution without a court order, and 4.The information contained in this application and in any attached schedules is true, to the best of my knowledge and belief. Name of corporate applicantName of trust officer Address of corporate applicant (street or postal address) (city or town) (province) (postal code) Sworn or Affirmed before me: (select one): in person OR by video conference Complete if affidavit is being sworn or affirmed in person: at the (City, Town, etc.) of .................................................................... in the (County, Regional Municipality, etc.) of ..................................................., on (date). _________________________________________ __________________________________________ Signature of Commissioner (or as may be)Signature of Trust Officer Use one of the following if affidavit is being sworn or affirmed by video conference: Complete if deponent and commissioner are in same city or town: by ..................... (deponent’s name) at the (City, Town, etc.) of ..................... in the (County, Regional Municipality, etc.) of ....................., before me on ..................... (date) in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. ............................................................... Commissioner for Taking Affidavits (or as may be) _________________________________________ __________________________________________ Signature of Commissioner (or as may be)Signature of Trust Officer Complete if deponent and commissioner are not in same city or town: by ..................... (deponent’s name) of (City, Town, etc.) of ..................... in the (County, Regional Municipality, etc.) of ....................., before me at the (City, Town, etc.) of ..................... in the (County, Regional Municipality, etc.) of....................., on ..................... (date) in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. ............................................................... Commissioner for Taking Affidavits(or as may be) _________________________________________ __________________________________________ Signature of Commissioner (or as may be)Signature of Trust Officer RCP-E 74.30 (FEBRUARY 1, 2021) I, an applicant named in this application, make oath and say/affirm: 1.I am 18 years of age or older.and true account of my administration when lawfully required. 2.I will faithfully administer the deceased person's property according to law, make no distribution without a court order and render a complete 3.The information contained in this application and in any attached schedules is true, to the best of my knowledge and belief. Name (surname and forename(s))Occupation Address (street or postal address) (city or town) (province) (postal code) Sworn or Affirmed before me: (select one): in person OR by video conference Complete if affidavit is being sworn or affirmed in person: at the (City, Town, etc.) of .................................................................... in the (County, Regional Municipality, etc.) of ..................................................., on (date). _________________________________________ __________________________________________ Signature of Commissioner (or as may be)Signature of Deponent Use one of the following if affidavit is being sworn or affirmed by video conference: Complete if deponent and commissioner are in same city or town: by ..................... (deponent’s name) at the (City, Town, etc.) of ..................... in the (County, Regional Municipality, etc.) of ....................., before me on ..................... (date) in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. ............................................................... Commissioner for Taking Affidavits (or as may be) _________________________________________ __________________________________________ Signature of Commissioner (or as may be)Signature of Deponent Complete if deponent and commissioner are not in same city or town: by ..................... (deponent’s name) of (City, Town, etc.) of ..................... in the (County, Regional Municipality, etc.) of ....................., before me at the (City, Town, etc.) of ..................... in the (County, Regional Municipality, etc.) of....................., on ..................... (date) in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. ............................................................... Commissioner for Taking Affidavits(or as may be) _________________________________________ __________________________________________ Signature of Commissioner (or as may be)Signature of Deponent RCP-E 74.30 (February 1, 2021)