Everything you need to know about Ontario Form 74A, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related ON probate forms.
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 A Certificate Of Appointment Of Estate Trustee 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:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For A Certificate Of Appointment Of Estate Trustee:
This form pertains to the State of Ontario
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 Ontario’s Form 74A - Application For A Certificate Of Appointment Of Estate Trustee up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form 74A, 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 74A 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).
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.
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 Ontario.
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?
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.
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.
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.
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 74A, and when in doubt— consult a qualified trust & estates lawyer for that area.
Application For A Certificate Of Appointment Of Estate Trustee 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 74A - Application For A Certificate Of Appointment Of Estate Trustee 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 A Certificate Of Appointment Of Estate Trustee 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.
Form 74A - Application For A Certificate Of Appointment Of Estate Trustee is a probate form in Ontario.
Ontario has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Ontario.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in Ontario, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a ON executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on Ontario Form 74A - Application For A Certificate Of Appointment Of Estate Trustee. You can use this to get an idea of the context of the form and what type of information is needed.
Page 1 of 12 FORM 74A Courts of Justice Act ONTARIO SUPERIOR COURT OF JUSTICE APPLICATION FOR A CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE (insert name of applicant) is (are) applying for the following certificate in relation to the estate of the deceased described in Part 1 of t his application below: (select one) Certificate of Appointment of Estate Trustee with a Will Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will Certificate of Appointment of Estate Trustee without a Will PART 1 – INFORMATION ABOUT THE DECEASED First name Second name Third name Surname Alternate names (if any are identified in the Will or other document state below the full names including surname(s)): Date of Death [DD/MM/YYYY] Place of death Deceased resided in Ontario (Yes/No) Deceased owned property in Ontario (real estate and/or personal property) (Yes/No) Date of Birth [DD/MM/YYYY] Last occupation The deceased was 18 years of age or older on the date the Will was executed Yes No If no, explain here or in an attached schedule why the deceased was authorized to make a Will (i.e., legislative provision):______________________________________________________________. Marital Status at date of death (check all that apply) Not married Married Common Law Partner Separated Widowed Divorced Deceased’s Residence at the time of death: Street address City or town County or district Province/State Postal code/Zip code Page 2 of 12 Country PART 2 – INFORMATION ABOUT THE DECEASED’S TESTAMENTARY DOCUMENTS Deceased died with a Will [Yes/No] Date of Will (if any) [DD/MM/YYYY] Date of Codicil(s) (if any) [DD/MM/YYYY] (Insert an additional row for each codicil, as needed) If the date for a Will or codicil is missing, explain here or in an attached schedule how the date was determined:______________________________________________________________________. PART 3 and 4 – STATEMENT OF ASSETS Identify the total value of assets owned by the deceased at the date of death below. PART 3 – REAL PROPERTY (The value of the real estate should be net of encumbrances such as mortgages. Do not include any real estate in Ontario that is held jointly and passes by survivorship or any real estate outside Ontario) Value at date of death Total value of all real property $ PART 4 – PERSONAL PROPERTY (Examples of personal property include household effects, bank accounts, investments, etc. Do not include money or property held jointly and passing by survivorship or money or property to which a person is entitled under a beneficiary designation under, for example, a life insurance contract, a registered pension plan, a registered retirement savings plan, a registered retirement income fund, a locked-in retirement account or a tax free savings account.) Value at date of death Total value of all personal property $ TOTAL VALUE OF ESTATE (Total value of all real property + Total value of all personal property) $ PART 5 – ENTITLEMENT TO APPLY For multiple applicants, reproduce this section for each applicant and state applicant name(s) before each reproduced section. I am entitled to apply to the court for the above -mentioned certificate because: (Check all that apply. You can delete the statements that do not apply.) I am 18 year s of a ge or older. I am named as an estate trustee in the deceased’s Will or codicil dated _______________. I am named as an alternate estate trustee in the deceased’s Will or codicil dated _______. I am appointed as estate trustee pursuant to a court order dated __________ (attach court order). Page 3 of 12 I am not named as an estate trustee in a Will or codicil of the deceased, AND (Check all that apply below) I am an Ontario resident. I was legally married to the deceased at the time of death and I have not elected to receive an entitlement under s. 5 of the Family Law Act. I was living with the deceased in a conjugal relationship other than marriage at the time of death. I am the deceased’s ________________________ (insert family relationship, if any). Other: ______________________________________________________________. The applicant is a Corporation and the circumstances of the Corporation’s entitlement to apply are as follows: _____________________________________________________ (attach additional pages if required). All other persons entitled to apply for a certificate of appointment of estate trustee have renounced their right to do so. Identify any other person(s) who have a right to apply: __________________________________________________________________. A renunciation (Form 74G) for each of them will be filed together with this application. I am not named as an estate trustee in the Will or codicil or there is no Will. However, consents of persons who together have a majority interest in the value of the assets of the estate at the date of death will be filed together with this application. I am not automatically entitled to apply. I request a court order on consent pursuant to the Estates Act section 29(3) granting me a certificate of a ppointment of estate trustee (i.e., special circumstances). The basis for this request is as follows: _________________________________________________________________________ (attach additional pages if required). The estate trustee(s) ____________________ (insert estate trustee name(s)) named in the Will is (are) not applying because they died renounced their right to apply to act as estate trustee is (are) mentally incapable is (are) under the age of eighteen years other If one or more of the five boxes above is checked, provide details here. For example, date of death of the named estate trustee, if known, whether renunciation is attached, evidence of mental incapacity or that a supporting affidavit is filed regarding this issue and/or date of birth of estate trustee named in the Will: ____________________________________________________________________________ The Will includes a provision that makes the appointment of the estate trustee conditional upon the named estate trustee surviving the deceased for a specified period of time Yes No If yes, the specified period of time is _______________ (insert amount of time in days) and it has ended. This time period ended on ______________ (insert date). PART 6 – BENEFICIARIES If the beneficiary’s name includes a middle name, provide the middle name in the first name column. If the beneficiary’s name in the Will is different from the name stated in this application (below in paragraphs 1, 2 or 3), in the row beneath the name, provide the name in the Will and explain the reason for the difference. Page 4 of 12 1.Persons less than 18 years of age who are entitled to share in the distribution of the estate. First Name(s) Surname Relationship to Deceased Date of Birth [DD/MM/YYYY] Parent’s or Guardian’s Name, Address and, if available, E- mail Address Estimated Value of Interest in Estate 2. P ersons aged 18 years of age or older who are mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding and are entitled to a share in the distribution of the estate, a re listed in the box below. If these persons who are mentally incapable as defined above have a Guardian or Attorney with the authority to act in the proceeding, provide the Guardian’s or Attorney’s information below. If these persons do not have a Guardian or Attorney, write “None” in the Guardian or Attorney box. First Name Surname Relationship to Deceased Name of Guardian or Attorney acting under Power of Attorney (if any) Beneficiary’s Address, and the Guardian or Attorney’s Address (if any) and, if available, E-mail Addresses Estimated Value of Interest in Estate (Estimated value of interest in the estate may be omitted if it is included in a separate schedule attached to the application sent to the Office of the Children’s Lawyer or Office of the Public Guardian and Trustee.) 3. Adult persons not listed in paragraph 2 and charities that are entitled to a share in the distribution of the estate. First Name Surname (or charity name) Relationship to Deceased Address E- mail Address, if available 4. U nborn or unascertained person may be entitled to an interest in the estate. Yes No Page 5 of 12 5. Did a beneficiary or married spouse of a beneficiary sign the Will or any codicil as a witness or sign for the testator? Yes No N/A (no Will or codicil) If yes, explain here or in an attached schedule: __________________________________. PART 7 – INFORMATION ABOUT THE DECEASED’S RELATIONSHIPS (If you are completing section B below, you can delete section C. If you are completing section C, you can delete section B.) A. Complete if applying with a Will or without a Will 1. a. Was the deceased ever married? If yes, complete questions 2 to 4. Also, complete Section B if applying with a Will. If no, complete Section C if applying without a Will or go to Part 8 if applying with a Will. Yes No 2 a. Was the deceased married at the time of death? b. If the answer to (a) is “yes”, were the deceased and their spouse separated and at the time of death living separate and apart as a result of the breakdown of their marriage? (Separation is defined in ss. 17 and 43.1 of the Succession Law Reform Act). Give details here or in an attached schedule: ____________________________________________________________________. Yes No Yes No c. If the answer to (a) is “yes”, is the name of the married spouse set out in Part 6 - Beneficiaries? Yes No d. If the answer to (c) is “no”, provide the name and address of the married spouse ____________________________________________________________________. 3 a. Is the married spouse of the deceased an applicant? b. If the answer to (a) is “yes”, has the spouse elected to receive an entitlement under the Family Law Act s. 5? c. If the answer to (b) is “yes”, explain why the spouse is entitled to apply. Give details here or in an attached schedule: ____________________________________________________________________. Yes No Yes No 4. a. Were any of the deceased’s marriages terminated by divorce or a declaration of nullity? b. If the answer to (a) is “yes”, provide the name of the former spouse and the date of divorce or declaration of nullity. If there is a Will, indicate whether the date of divorce or declaration of nullity is after the date of the Will (insert more rows if needed or attach a schedule) ____________________________________________________________________. Yes No Page 6 of 12 B. Complete if applying with a Will 1. a. Is the Will dated earlier than January 1, 2022? b. If the answer to (a) is “yes”, did the deceased person marry after the date of the Will and before January 1, 2022? c. If the answer to (b) is “yes”, explain why the W ill was not revoked by marriage (i.e., declaration in the Will that it was made in contemplation of marriage or spouse filed an election to take under the Will). Give details here or in an attached schedule: ____________________________________________________________________. Yes No Yes No C. Complete if applying without a Will 1. a. Was the deceased person living with a person in a conjugal relationship other than marriage i mmediately before their death? b. If the answer to (a) is “yes”, provide the name of the person who was living with the deceased (insert more rows if needed or attach a schedule): _____________________________________________________________. Note: a person living with the deceased in a conjugal relationship other than marriage should not be listed in Part 6 – Beneficiaries. Yes No 2. a. Did the deceased have any children? (Select “yes” if the deceased had a child inside or outside of marriage, adopted a child, was declared to be a child’s parent by court order or had a child who was born after the deceased’s death; see definition of “child” under s.1 of the Succession Law Reform Act and definition of “child” and “parent” in Part 1 of the Children’s Law Reform Act). i. If the answer to (a) is “yes”, is the name and address of each surviving child of the deceased set out in Part 6 - Beneficiaries? ii. If the answer to (a)(i) is “no”, provide the names and addresses of the children who are not listed in Part 6 - Beneficiaries. If any of these children are minors, provide their dates of birth (insert more rows if needed or attach a schedule): ______________________________________________________________. If the answer to 2(a) is “yes”, answer questions 2(b) and 2(c). Yes No Yes No b. Did the deceased have a child or children who died before the deceased? i. If the answer to (b) is “yes”, provide the name(s) of the child/children who died before the deceased (insert more rows if needed or attach a schedule): _______________________________________________________________ Yes No ii. If the answer to (b) is “yes”, are the surviving children or grandchildren of each child who died before the deceased listed in Part 6 - Beneficiaries? Yes No Page 7 of 12 iii. If the answer to (b)(ii) is “no”, provide the names and addresses of the deceased child’s surviving children or grandchildren (if any). If any of them are minors, provide their dates of birth (insert more rows if needed or attach a schedule). _______________________________________________________________ N/A (none) c. Did the deceased have a child or children who died after the deceased? i. If the answer to (c) is “yes”, are the name(s) and addresses of the beneficiaries of the estate of each deceased child listed in Part 6 - Beneficiaries? ii. If the answer to (c)(i) is “no”, provide the name(s) and addresses of the beneficiaries of the estate of each deceased child (insert more rows if needed or attach a schedule) ______________________________________________________________. Yes No PART 8 – DECLARATIONS (Check all that apply) 1. To the best of my knowledge and belief: no other person has applied to the court for a certificate of appointment of estate trustee in the deceased’s estate. the deceased died with a Will or with a Will and one or more codicils. I believe the Will and codicil(s) (if any) being filed together with this application comprise the: deceased’s valid last Will deceased’s valid last Will limited to assets referred to in that Will. the deceased died without leaving a Will. I have carefully searched for a Will of the deceased and was unable to locate any Will. 2. I will: (Check all that apply. If you are a corporate applicant, revise to indicate “the corporate applicant”) serve this application on: i. each person entitled to share in the distribution of the estate, including charities and contingent beneficiaries; ii. the Office of the Children’s Lawyer if any of the persons with an interest in the estate are under the age of 18, and a parent or guardian of each of those persons; iii. the Office of the Children’s Lawyer if any of the persons who may be entitled to an interest in the estate are unborn or unascertained; and iv. the Guardian or Attorney for any adults who meet the definition of “mentally incapable” as set out in Part 6 of this application. If I wrote “None” in the Guardian or Attorney box of Part 6 for any such person, I will also serve on the Office of the Public Guardian and Trustee a copy of this application and a copy of the Will and codicil(s), if any. (If you are the sole beneficiary of the estate, it is not necessary to check this box. Provide the reason in the last line of paragraph 2.) Page 8 of 12 also serve the following documents together with this application if the application must be served on or in respect of: i. a person entitled only to a specified item of property or a stated or determinable amount of money, an extract of the part or parts of the Will or codicil relating to the gift, or a copy of the Will and codicil(s), if any; ii. any other beneficiary, a copy of the Will and of any codicils; and iii. the Office of the Children's Lawyer or Office of the P ublic Guardian and Trustee, a copy of the Will and of any codicils, together with a statement of the estimated value of the interest in the estate of the minor or the mentally incapable adult described in the application as lacking capacity, as the case may be, if that value is not disclosed in this application. file at the Superior Court of Justice this a pplication, together with originals of the Will and codicil(s), if any , the proof of death and any required affidavits. The application will be filed in the court location at ___________________________________ (insert court location) because that is the county or district in which: the deceased resided in Ontario at the time of death the deceased owned real estate or personal property (since the deceased did not have a residence in Ontario or resided out of Ontario at the time of death) other (Explain): ________________________________________________________. administer the estate according to the law. keep records of my administration of the estate, including lists and receipts of the assets and money that I receive on behalf of the estate and all money and assets that I distribute from the estate. provide an accounting if required by court order to do so or when requested by any party who is served with this application (unless that person has received the fixed sum of money or the specific asset that they are entitled t o). If you did not check off all the boxes for the declarations in paragraph 2 of Part 8, provide the reason: _______________________________________________________________________________. 3. I: (Complete only if you are seeking a Certificate of Appointment of Estate Trustee Limited to the Assets Referred to in the Will and/or the deceased executed a secondary (or other multiple Will(s)) that deals with the assets referred to in that Will(s)). confirm that the secondary (or other multiple) Will(s) has/have not revoked the Will I am seeking to probate. will file together with this application a draft order (Form 74I). PART 9 – ESTATE ADMINISTRATION TAX (Check one of the following boxes) The va lue of the estate is $50,000 or less The estate is valued at more than $50,000 and: Page 9 of 12 I will submit a payment of the estate administration tax deposit together with the application that is submitted for filing with the court. I am seeking an order to defer the payment of the estate administration tax deposit pursuant to section 4(1) of the Estate Administration Tax Act, 1998. I will file with the court, together with the application, a draft order (Form 74I) with a backsheet (Form 4C) and an affidavit with respect to the estate administration tax deposit (Form 4D). I am seeking to pay the estate administration tax deposit based on an estimated value of the estate pursuant to section 4(3) of the Estate Administration Tax Act, 1998. Within six months of the date of filing of this application, I will file a sworn statement of the actual total value of the estate and pay any additional tax if the actual value is higher than the estimated value. PART 10 – BOND A bond is required to be addressed because (check one if applicable): the deceased died without a Will or with a Will but did not name me as an estate trustee in the Will. I live outside of Canada and/or outside the Commonwealth. (If a bond is required to be addressed, check one of the boxes below.) I will include a bond as part of the application that is submitted for filing with the court (Form 74L or 74M). None of the estate beneficiaries are minors or mentally incapable adults without a Guardian or Attorney with authority to act in this proceeding. I am seeking an order on consent to: dispense with the bond requirement reduce the amount of the bond and I will file with the court together with the application a draft order (Form 74I) together with a backsheet (Form 4C), an affidavit (Form 4D) and the consents of beneficiaries to the order (Form 74H) in accordance with rule 74.11(6). I am relying on the exemption from posting a bond under section 36(2) of the Estates Act since a) I was married to the deceased at the time of death; and b) the net value of the estate does not exceed $350,000; and (if the deceased died before March 1, 2021, strike $350,000 above and indicate $200,000) c) I will file with the court together with the application an affidavit setting forth the debts of the estate. I am acting on behalf of a tru st company or Public Guardian and Trustee and therefore do not need to post a bond. I will file a motion under R ule 37 to seek an order to reduce the amount of the bond or to dispense with the bond requirement since the request cannot be made on consent. A court order made by Justice ____________________ ( name of judge ) dated _____________ appoints the applicant(s) as estate trustee(s) and dispenses with the requirement for the applicant(s) to post a bond. A copy of the order will be filed together with this application. Page 10 of 12 (Reproduce this section for multiple applicants.) Applicant Name (First/Middle/Last): Relationship to Deceased: Current Occupation, if any: If the Applicant’s name in the Will is different from the name stated above, provide the name in the Will and explain the reason for the difference: _________________________________________. Contact Information: Street address City or town Province/State Postal code/Zip code Country E- mail address, if any Telephone number If corporate applicant, name of trust officer (Complete this section if the filer is not the applicant.) Filer Name: Filer’s Firm Name, if any: Contact Information: Street address City or Town Pro vince/State Postal code/Zip Code Country E- mail address Telephone number Law Society of Ontario number, if any Page 11 of 12 (If there is more than one applicant, attach a separate sheet for additional affidavits.) I MAKE OATH AND SAY (or AFFIRM) that t he information contained in this application and in any attached schedules is true, to the best of my knowledge and belief. Sworn or Affirmed before me: in person OR by video conference Com plete if affidavit is being sworn or affirmed in person: by _____________________(name of applicant)at the ______________(City, Town, etc.) of ____________________ (name of city, town, etc.) in the __________________ (County, Regional Municipality, etc.) of _______________(name of County, Regional Municipality, etc.), before me on ___________ (date). Use one of the following if affidavit is being sworn or affirmed by video conference: Complete if applicant and commissioner are in same city or town : by _____________________(name of applicant)at the ______________(City, Town, etc.) of ____________________ (name of city, town, etc.) in the __________________ (County, Regional Municipality, etc.) of _______________(name of County, Regional Municipality, etc.), before me on ___________ (date) in accordance with O. Reg. 431/20, Administering Oath or Decla ration Remotely. Com plete if applicant and commissioner are not in same city or town: by _____________________(name of applicant)at the ______________ (City, Town, etc.) of ____________________ (name of city, town, etc.) in the __________________ (County, Regional Municipality, etc.) of _______________(name of County, Regional Municipality, etc.), before me at the ________________(City, Town, etc.)of __________________ (name of city, town, etc.)in the __________________ (County, Regional Municipality, etc.) of ______________ (name of County, Regional Municipality, etc.), on ____________ (date) in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. Signature of Commissioner Signature of applicant (or if applicant is a corporation, signature of Trust Officer) Notice to Applicant: Information provided on this form related to the payment of estate administration tax will 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 dec eased, 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 the estate 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. Page 12 of 12 RCP-E 74A (May 1, 2023) NOTICE You are receiving a copy of the attached court application for a certificate of appointment of estate trustee because you may have an interest in the estate of the deceased person named in the application. PLEASE NOTE: You have a right to oppose the application, by filing with the Superior Court of Justice a Notice of Objection (Form 75.1 ) in accordance with Rule 75.03 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. If you do not file a Notice of Objection to the application, a certificate of appointment of estate trustee may be issued to the applicant(s). This certificate would authorize the applicant(s) to act as the estate trustee(s) and give them the authority to administer the estate. You may wish to consult with a lawyer about the role and responsibilities of an estate trustee. One responsibility of the estate trustee is to provide an accounting of the estate administration when requested by any party who is served with this application or required by court order to do so. You may also wish to consult with a lawyer concerning your interest in, or rights against, the estate. If you choose to make a claim, you must do so within the time limit imposed by any relevant court rule, legislation or court order. The estate value disclosed in the application does not necessarily reflect the amount that will be available for distribution to beneficiaries. The Rules of Civil Procedure and the court forms are available on the internet at: Rules of Civil Procedure: https://www.ontario.ca/laws/regulation/900194 Court Forms : http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/pre-formatted- fillable -estates-forms/ Notice of Objection Form 75.1: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/75_01/rcp-e-75-1- 1120.doc General information about estates is available on the Ministry of the Attorney General website at: How to Apply for Probate in Ontario: https://www.ontario.ca/page/apply -probate-estate Probate of a Small Estate: https://www.ontario.ca/page/probate-small-estate
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