Application To Amend Small Estate Certificate
Everything you need to know about Ontario Form 74.1E, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related ON probate forms.
About Application To Amend Small Estate Certificate
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 To Amend Small Estate Certificate 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 To Amend Small Estate Certificate
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application To Amend Small Estate Certificate:
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 74.1E - Application To Amend Small Estate Certificate up to date, certain details can change from time-to-time with little or no communication.
How to file Form 74.1E
Step 1 - Download the correct Ontario form based on the name and ID if applicable
Double check that you have both the correct form name and the correct form ID. Some Ontario probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.
Step 2 - Complete the Document
Fill out all relevant fields in Form 74.1E, 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 74.1E 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 74.1E 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 To Amend Small Estate Certificate 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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When Application To Amend Small Estate Certificate is due
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 74.1E as quickly as possible:
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 74.1E, and when in doubt— consult a qualified trust & estates lawyer for that area.
How to Download, Open, and Edit Form 74.1E Online
Application To Amend Small Estate Certificate 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 74.1E - Application To Amend Small Estate Certificate 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 To Amend Small Estate Certificate 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.
Did you know?
Form 74.1E - Application To Amend Small Estate Certificate 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.
Frequently Asked Questions about Application To Amend Small Estate Certificate
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.
The Exact Text on Form 74.1E
Here’s the text, verbatim, that is found on Ontario Form 74.1E - Application To Amend Small Estate Certificate. You can use this to get an idea of the context of the form and what type of information is needed.
Page 1 of 5 (Insert Court File No.) FORM 74.1 E Courts of Justice Act ONTARIO SUPERIOR COURT OF JUSTICE APPLICATION TO AMEND SMALL ESTATE CERTIFICATE IN THE ESTATE OF _______________________, deceased, I, ____________________, was issued a Small Estate Certificate, dated ______________ , for the above-noted estate. In the application for a Small Estate Certificate I declared the total value of the assets of the deceased at the date of death to be $_______________. After the Small Estate Certificate was granted, I discovered additional estate assets. These additional estate assets, listed in the Supplementary Statement of Assets below, and the value of the estate assets listed in my original application for a Small Estate Certificate result in a total aggregate estate value of $_______________. This t otal estate value is not more than $150,000, the prescribed value for a small estate. I have not been granted an Amended Small Estate Certificate for this estate. I am asking the court to amend my Small Estate Certificate. I will provide an accounting of the additional estate assets when requested by any party who is served with this application and will comply with any court order requesting same. SUPPLEMENTARY STATEMENT OF ESTATE ASSETS List only the additional assets that you discovered were owned by the deceased at the date of death. Do not list the assets that were included in your application for a Small Estate Certificate. Insert as many rows as required. PART 2 – 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 additional real property $ PART 3 – 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 Value at date of death Page 2 of 5 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. Do not include bank account numbers.) $ Total value of all additional personal property $ TOTAL ADDITIONAL VALUE OF ESTATE (t otal additional real property + t otal additional personal property) $ I will: (If corporate applicant revise to indicate “the corporate applicant will”) send or give a copy of this Application form to: 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 the parent or guardian of that person; 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 “incapable” as set out in Part 6 of the Application form. If I wrote “None” in the Guardian or Attorney section of Part 6, I will also send a copy of this Application form and a copy of the W ill and any codicil(s) if there is a W ill and any codicil(s) to the Office of the Public Guardian and Trustee. (If you are the sole beneficiary of the estate, it is not necessary to check this box. Please explain in the last line.) also send or give t he following documents together with this Application form . If the Application must be sent or given to 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 Children’s Lawyer or Public 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 adult described in the application as lacking capacity or the minor, as the case may be, if that value is not disclosed in this Application form . file this Application form. I understand that I must wait to file the appl ication and supporting documents at least 30 days after I send the Application form 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. The application will be filed with the Superior Court of Justice in the court location where: the deceased resided $ $ Page 3 of 5 the deceased owned property other. Explain: ________________________________________________________. If you did not check off a ll the boxes for the Applicant Declarations, provide the reason: ________________________________________________________________________________ (Reproduce this section for multiple applicants.) Applicant Name: Contact Information: Street address City or t own 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 Number, if any: (If there is more than one applicant, 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 Page 4 of 5 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. This ___________ day of ________________, ___________. 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 -6 68-8297. RCP-E 74.1 E ( September 1, 2021) Page 5 of 5 NOTICE You are receiving a copy of the attached court application 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. 2. If you do not file a Notice of Objection to the application, a Small Estate Certificate may be issued to the applicant(s). The Certificate may be issued to the applicant as early as 30 days after they sent you this notice. This Certificate would authorize the applicant(s) to act as the estate trustee/s and give the m 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 impo sed by any relevant court rule, legislation or 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/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 6. General information about estates is available on the Ministry of the Attorney General website at: Justice Ontario: https://www.attorneygeneral.jus.gov.on.ca/english/justice- ont/estate_planning.php How to Apply for Probate in Ontario: https://www.attorneygeneral.jus.gov.on.ca/english/estates/how_to_apply_for_probate.php# Probate of a Small Estate: https://www.ontario.ca/page/probate-small-estate
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