Application For A Small Estate Certificate (Effective 4/1/2021)

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 A Small Estate Certificate (Effective 4/1/2021) 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 74.1A

ON Form 74.1A, which may also referred to as Application For A Small Estate Certificate (Effective 4/1/2021), 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 A Small Estate Certificate (Effective 4/1/2021)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For A Small Estate Certificate (Effective 4/1/2021):

• This form pertains to the Province/Territory of Ontario

• The current version of this form was last revised on November 1, 2020

• 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 74.1A - Application For A Small Estate Certificate (Effective 4/1/2021) 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 74.1A, 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 74.1A 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 74.1A 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 A Small Estate Certificate (Effective 4/1/2021) 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 74.1A 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 74.1A, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For A Small Estate Certificate (Effective 4/1/2021) 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 74.1A - Application For A Small Estate Certificate (Effective 4/1/2021) 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 A Small Estate Certificate (Effective 4/1/2021) 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 74.1A

ON Form 74.1A, which may also referred to as Application For A Small Estate Certificate (Effective 4/1/2021), 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 74.1A - Application For A Small Estate Certificate (Effective 4/1/2021). You can use this to get an idea of the context of the form and what type of information is needed.

FORM 74.1A Courts of Justice Act APPLICATION FOR A SMALL ESTATE CERTIFICATE ONTARIO SUPERIOR COURT OF JUSTICE IN THE MATTER OF an Application for a Small Estate Certificate APPLICATION FOR A SMALL ESTATE CERTIFICATE (insert name of applicant) is applying for a small estate certificate in relation to the estate of the deceased described in Part 1 of this application below. PART 1- INFORMATION ABOUT THE DECEASED First given nameSecond given nameThird given nameSurname Alternate names, if any: Date of Death (DD/MM/YY) Place of deathDeceased resided in Ontario Deceased owned property in Ontario Date of Birth (DD/MM/YY) [Yes/No][Yes/No] Marital Status (check all that apply)  Not married  Married  Common Law Partner  Separated  Widowed  Divorced Deceased’s Last Address: Street or postal address City or town Province/State Postal code/Zip Code Country PART 2- INFORMATION ABOUT THE DECEASED’S TESTAMENTARY DOCUMENTS Deceased died with a will Will is attached (if any) Codicil/s attached (if any) Date of Will or Codicil/s (if any) [Yes/No][Yes/No][Yes/No] PART 3 and 4- STATEMENT OF ASSETS List each asset owned by the deceased at the date of death below. Insert as many rows as required. 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 (such as household effects, bank accounts, investments, etc. The personal effects can be treated as one entry. 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$ AGGREGATE VALUE OF ESTATE (Total value of all real property + Total value of all personal property) $ PART 5 – ENTITLEMENT TO APPLY I am entitled to apply to the court for a small estate certificate because:  I am named as an estate trustee in the deceased’s will dated _____________________________.  I am named as an alternate estate trustee in the deceased’s will dated______________________.  I am appointed as estate trustee pursuant to a court order dated: __________________(attach court order).  I am not named as an estate trustee in a will of the deceased. [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 outside of marriage in a conjugal relationship at the time of death.  I am the deceased’s: ________________________________ (identify 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).  Identify any other person/s who have a right to apply: ______________________________________________________________________________ ______________________________________________________________________________  The other persons entitled to apply have renounced their right to do so. PART 6 – BENEFICIARIES  Persons who are less than the age of eighteen years are entitled to an interest in the estate. First nameSurnameDate of BirthParent’s name, address and Email Address  Persons who are over the age of 18 and 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 of the estate, are 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 nameSurnameGuardian or Attorney acting under Power of Attorney Name (if any) Guardian or Attorney Address and Email Address  Other adult persons or charities who are entitled to an interest in the estate. First name Surname (or charity name) Address Email Address  Unborn or unascertained person may be entitled to an interest in the estate. PART 7 – DECLARATIONS (Check all that apply) 1.To the best of my knowledge and belief:  the total value of the estate on the date of death is not more than $150,000.  no other person has applied to the court to be appointed to administer the deceased’s estate.  the deceased died with a will or with a will and one or more codicils. The original will and codicil/s, if any, are attached. I believe the will that is attached to this application is the deceased’s valid last will.  the deceased died without leaving a will. I have carefully searched for a will of the deceased and was unable to locate a will. 2.I will: (if corporate applicant revise to indicate “the corporate applicant will”)  send a copy of this Application form, any attachments and a copy of the will, if any, and codicil/s, if any, to: i.each person entitled to share in the distribution of the estate; 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 iii.the Guardian or Attorney for any adults who meet the definition of “incapable” set out in Part 5. If I wrote “None” in the Guardian or Attorney section of Part 5, I will send a copy of this Application form and a copy of the will and any codicil(s) if there is a will and any codicil(s) to the Office of the Public Guardian and Trustee.  file this Application form (with originals of the will and any codicil/s attached, if any), the proof of death and any required affidavits. I understand that I must wait to file the application and supporting documents at least 30 days after I send the Application form (with copies of the will and any codicil/s attached, if any) to each person entitled to share in the distribution of the estate and the Office of the Children’s Lawyer and the Office of the Public Guardian and Trustee, if applicable.  return to the court if additional estate assets are discovered after I am issued a Small Estate Certificate. I understand that if the new assets result in a total estate value of: i.not more than $150,000, I can apply to amend the Small Estate Certificate. ii.more than $150,000, I can apply for a Certificate of Appointment of Estate Trustee.  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 when requested by any party who is served with this application or required by court order to do so. Applicant Name: Relationship to Deceased: Contact Information: Street or postal address City or Town Province/State Postal code/Zip Code Country Email address Telephone number If corporate applicant, name of trust officer: (If necessary, attach a separate sheet for additional affidavits) 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 applicant and commissioner are in same city or town: by ..................... (applicant’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. Complete if applicant and commissioner are not in same city or town: by ..................... (applicant’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. ............................................................... This ______________ (date) day of _________________(month), ____________(year) ____________________________________ _____________________________________ 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 estates and the amount of estate administration tax payable. Questions about the collection of this information should be directed to the Senior Manager – Audit, Advisory and Compliance Branch, 33 King Street West, PO Box 625, Oshawa ON L1H 8H9, 1-866-668-8297. RCP-E 74.1A (November 1, 2020) NOTICE You are receiving a copy of the attached court application for a Small Estate Certificate because you may have an interest in the estate of the deceased person named in the application. PLEASE NOTE: (1)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, within 30 days of the date the applicant sent this notice and the attached application. (2)If you do not file a Notice of Objection to the application within the required time period, a Small Estate Certificate 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. (3)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. (4)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 a court order. (5)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/ Notice of Objection Form 75.1 : http://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/ 75_01/rcp-75-1-e.pdf (6)General information about estates is available on the Ministry of the Attorney General website at: https://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/estate_planning.php https://www.attorneygeneral.jus.gov.on.ca/english/estates/how_to_apply_for_probate.php#