Application For Certificate Or Confirmation Of Appointment

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 Or Confirmation Of Appointment 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:

Atticus Fast Facts About Application For Certificate Or Confirmation Of Appointment

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Certificate Or Confirmation Of Appointment:

• 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 74J - Application For Certificate Or Confirmation Of Appointment 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 74J, 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 74J 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 74J 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 Or Confirmation Of Appointment 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 Ontario.

5 reasons you should submit 74J 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 74J, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Certificate Or Confirmation Of Appointment 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 74J - Application For Certificate Or Confirmation Of Appointment 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 Or Confirmation Of Appointment 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.

Here’s the text, verbatim, that is found on Ontario Form 74J - Application For Certificate Or Confirmation Of Appointment. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 7 FORM 74J Courts of Justice Act ONTARIO SUPERIOR COURT OF JUSTICE IN THE ESTATE OF ________________________, deceased APPLICATION FOR CERTIFICATE OR CONFIRMATION OF APPOINTMENT ________________________is (are) applying for the following in relation to the estate of the deceased described in Part 1 of this application below: (select one) Certificate of Appointment of Succeeding Estate Trustee with a Will Certificate of Appointment of Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will Certificate of Appointment of Succeeding Estate Trustee without a Will Certificate of Appointment of Foreign Estate Tru stee’s Nominee as Estate Trustee without a Will Certificate of Appointment of Estate Trustee During Litigation Confirmation by Resealing of Appointment of Estate Trustee Certificate of Ancillary Appointment of Estate Trustee with 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 name(s) used including surname): 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 Deceased’s Residence at the time of death: Street address City or town County or district Province/State Postal code/Zip code Country Page 2 of 7 PART 2 – APPLICATION FOR A CERTIFICATE OF APPOINTMENT OF SUCCEEDING ESTATE TRUSTEE Only complete Part 2 if applying for a Certificate of Appointment of Succeeding Estate Trustee. Estate trustee(s) to whom the first certificate of appointment of estate trustee was issued Date the certificate was issued [DD/MM/YYYY] The person(s) who are entitled to share in the distribution of the remaining estate, including charities and contingent beneficiaries, are (list names): ________________________________________________________________________________. Together with this application, I am filing: the original certificate of appointment or, if the original certificate has been lost, a copy of it certified by the court that granted the appointment is being filed with this application (If applying with a Will) a renunciation (Form 74G) from every living person who is named in the Will or codicil as an estate trustee and who has not joined in the application and is entitled to do so (If applying without a Will or with a Will and the applicant is not named as an estate trustee in the Will or codicil) a consent (Form 74H) to the application by persons who are entitled to share in the distribution of the remaining estate, including charities and contingent beneficiaries, and who together have a majority interest in the value of the assets remaining in the estate at the date of the application (If applying for a Certificate of Appointment of Succeeding Estate Trustee with a Will limited to the assets referred to in the Will) a draft order (Form 74I) granting the certificate of appointment If completing this section, you must also complete Parts 5, 6 and 7. PART 3 – APPLICATION FOR A CERTIFICATE OF APPOINTMENT OF FOREIGN ESTATE TRUSTEE’S NOMINEE AS ESTATE TRUSTEE WITHOUT A WILL Only complete Part 3 if applying for a Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will. Country (and province or state if applicable) where foreign certificate or primary certificate was issued Issuing court Date the certificate was issued [DD/MM/YYYY] A copy of the document appointing the foreign estate trustee, certified under the seal of the court that granted it, is being filed with this application. A certificate under the seal of the Court that granted the foreign document, issued within six months of this application, stating that the foreign document remains effective as of the date of the certificate is being filed with this application. cannot be obtained, for the following reason (if more space is required, attach schedule): __________________________________________________________________________. If completing this section, you must also complete Parts 5, 6 and 7. Page 3 of 7 PART 4 – APPLICATION FOR A CONFIRMATION BY RESEALING OF APPOINTMENT OR A CERTIFICATE OF ANCILLARY APPOINTMENT OF ESTATE TRUSTEE WITH A WILL Only complete Part 4 if applying for a Confirmation by Resealing of Appointment or a Certificate of Ancillary Appointment of Estate Trustee with a Will. Country (and province or state if applicable) where foreign certificate or primary certificate was issued Issuing court Date the certificate was issued [DD/MM/YYYY] Two court certified copies of the original appointment under the seal of the Court that granted it with the Will attached to it or the original document and one certified copy under the seal of the Court that granted it, dated within six months of the dat e of this application, are being filed with this application. The foreign certificate or primary certificate is still effective. If completing this section, you must also complete Parts 5, 6 and 7. PART 5 – VALUE OF ESTATE ASSETS If applying for a Certificate of Appointment of Succeeding Estate Trustee, only list undistributed estate assets. If applying for a Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will, Certificate of Appointment of Estate Trustee During Litigation, Confirmation by Resealing of Appointment or a Certificate of Ancillary Appointment of an Estate Trustee with a Will, only list assets located in Ontario. Personal Property Real estate, net of encumbrances Total $ $ $ PART 6 – 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 certificate that I am seeking because: ________________________________________________________________________________. I am entitled to apply pursuant to a court order made by __________________ dated ___________. (If applying for a Certificate of Estate Trustee During Litigation): A copy of the order appointing the applicant is being filed with this application. PART 7 – ESTATE ADMINISTRATION TAX Page 4 of 7 Only complete Part 7 if applying for a Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will, Confirmation by Resealing of Appointment of Estate Trustee or Certificate of Ancillary Appointment of Estate Trustee with a Will. (Check one of the following boxes.) The value of the estate is $50,000 or less The estate is valued at more than $50,000 and: 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 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 8 – BOND A bond is required to be addressed because (check all that apply): I am seeking a Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will Confirmation by Resealing of Appointment of Estate Trustee without a Will and no certificate of the court that issued the original grant is being filed indicating that sufficient security has been given to cover all of the assets, including those in Ontario Confirmation by Resealing of Appointment of Estate Trustee with a Will and I am not a resident of Canada and/or the Commonwealth Certificate of Ancillary Appointment of Estate Trustee with a Will and I am not a resident of Canada and/or of the Commonwealth Certificate of Appointment of Estate Trustee During Litigation and the bond requirement was not dispensed with by a court order Certificate of Appointment of Succeeding Estate trustee without a Will and the bond requirement was not dispensed with by a court order Certificate of Appointment of Succeeding Estate trustee with a Will, the bond requirement was not dispensed with by a court order and I am not a resident of Canada and/or the Commonwealth the deceased died without a Will or with a Will but did not name me as an estate trustee in the Will (If a bond is required to be addressed, check one of the boxes below.) I will include a bond (Form 74L or 74M) as part of the application package that is submitted to the court for filing. 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). Page 5 of 7 I am acting on behalf of a trust 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 _____________________ 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. (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 County or district 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 Province/State Postal code/Zip Code Country E- mail address Telephone number Law Society of Ontario number, if any (If there is more than one applicant, attach a separate sheet for additional affidavits.) Page 6 of 7 I MAKE OATH AND SAY (or AFFIRM) that the 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 Complete 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 Declaration Remotely. Complete 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 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 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. RCP-E 74J (May 1, 2023)