Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 74.4.1

ON Form 74.4.1, which may also referred to as Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (Effective 4/6/2021):

• This form pertains to the Province/Territory 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 74.4.1 - Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 Provinces/Territories have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 74.4.1, 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 74.4.1 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 74.4.1 witnessed or notarized (if required)

Some Provinces/Territories 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 With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 74.4.1 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 Province/Territory 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 Province/Territory’s government officials, call the local Ontario probate clerk or court for exact answers regarding Form 74.4.1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 74.4.1 - Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 74.4.1

ON Form 74.4.1, which may also referred to as Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 74.4.1 - Application For Certificate Of Appointment Of Estate Trustee With A Will (Individual Applicant) Limited To The Assets Referred To In The Will (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 74.4.1 Courts of Justice Act APPLICATION FOR CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE WITH A WILL (INDIVIDUAL APPLICANT) LIMITED TO THE ASSETS REFERRED TO IN THE WILL ONTARIO SUPERIOR COURT OF JUSTICE at This application is filed by (insert name and address) 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 NoYes Place of death (city or town; county or district)Date of death (day, month, year) Date of last will (marked as Exhibit “A”) (day, month, year) Was the deceased person 18 years of age or older at the date of the will (or 21 years of age or older if the will is dated earlier than September 1, 1971)? NoYes If not, explain why certificate is being sought. Give details in an attached schedule. Date of codicil (marked as Exhibit “B”)Date of codicil (marked as Exhibit “C”) (day, month, year)(day, month, year) Marital StatusUnmarriedMarriedWidowedDivorced Form 74.4.1 (rev. 02/21) CSD Page 1 of 5 Did the deceased person marry after the date of the will?NoYes If yes, explain why certificate is being sought. Give details in an attached schedule. Was a marriage of the deceased person terminated by a judgment absolute of divorce, or declared a nullity, after the date of the will?NoYes If yes, give details in an attached schedule. Is any person who signed the will or a codicil as witness or for the testator, or the spouse of such person, a beneficiary under the will?NoYes If yes, give details in an attached schedule. VALUE OF ASSETS REFERRED TO IN ATTACHED WILL (Marked as Exhibit “A” to this application) 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. Personal Property Real estate, net of encumbrances Total $$$ Is there any person entitled to an interest in the estate who is not an applicant?NoYes If a person named in the will or a codicil as estate trustee is not an applicant, explain. If a person not named in the will or a codicil as estate trustee is an applicant, explain why that person is entitled to apply. If the spouse of the deceased is an applicant, has the spouse elected to receive the entitlement under section 5 of the Family Law Act?NoYes If yes, explain why the spouse is entitled to apply. Form 74.4.1 (rev. 02/21) CSD Page 2 of 5 AFFIDAVIT(S) OF APPLICANT(S) (Attach a separate sheet for additional affidavits, if necessary) I, an applicant named in this application, make oath and say/affirm: 1.I am 18 years of age or older.4. 5. If I am not named as estate trustee in the will or codicil, consents of persons who together have a majority interest in the value of the assets of the estate at the date of death are attached. The information contained in this application and in any attached schedules is true, to the best of my knowledge and belief. 2.The exhibit(s) referred to in this application are the last will and each codicil (where applicable) of the deceased person relating to the assets referred to in the will and I do not know of any later will or codicil affecting those assets. 3.I will faithfully administer the deceased person’s property according to law and render a complete and true account of my administration when lawfully required. Name (surname and forename(s))Occupation Address (street or postal address) (city or town)(province)(postal code) Sworn/Affirmed before me (select one):in person ORby video conference Complete if affidavit is being sworn or affirmed in person: at theof, in the (city, town, etc.)(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: byat the (deponent’s name)(city, town, etc.) of, in the (County, Regional Municipality, etc.) of, before me onin accordance with (date) 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: Form 74.4.1 (rev. 02/21) CSD Page 3 of 5 byat the (deponent’s name)(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, onin accordance with (date) 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 Name (surname and forename(s))Occupation Address (street or postal address) (city or town)(province)(postal code) Sworn/Affirmed before me (select one):in person ORby video conference Complete if affidavit is being sworn or affirmed in person: at theof, in the (city, town, etc.)(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: byat the (deponent’s name)(city, town, etc.) of, in the (County, Regional Municipality, etc.) of, before me onin accordance with (date) 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 Form 74.4.1 (rev. 02/21) CSD Page 4 of 5 Complete if deponent and commissioner are not in same city or town: byat the (deponent’s name)(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, onin accordance with (date) 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 Notice to applicant: Information provided on this form related to the payment of estate administration tax may be forwarded to the Ministry of Finance pursuant to clause 39(1)(b) and 42(1)(c) of the Freedom of Information and Protection of Privacy Act. This includes the name of the deceased, name and address of estate trustee(s), value of the estate and any undertakings and tax payments made or refunded. This information will be used by the Ministry of Finance to determine the value of estates and the amount of estate administration tax payable. Questions about the collection of this information should be directed to the Senior Manager – Audit, Compliance Branch, 33 King Street West, PO Box 625, Oshawa ON L1H 8H9, 1-866-668-8297. Form 74.4.1 (rev. 02/21) CSD Page 5 of 5