Ontario Probate Form 74.44

Notice Of Application To Pass Accounts

Everything you need to know about Ontario Form 74.44, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related ON probate forms.

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About Notice Of Application To Pass Accounts

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.

Notice Of Application To Pass Accounts 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 Notice Of Application To Pass Accounts

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Application To Pass Accounts:

  • 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 74.44 - Notice Of Application To Pass Accounts up to date, certain details can change from time-to-time with little or no communication.

How to file Form 74.44

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 74.44, 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 74.44 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 74.44 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 Notice Of Application To Pass Accounts 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Notice Of Application To Pass Accounts 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 74.44 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 74.44, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 74.44 Online

Notice Of Application To Pass Accounts 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 74.44 - Notice Of Application To Pass Accounts 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.

Notice Of Application To Pass Accounts 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.

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Did you know?

  • Form 74.44 - Notice Of Application To Pass Accounts 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 Notice Of Application To Pass Accounts

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

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!

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 74.44

Here’s the text, verbatim, that is found on Ontario Form 74.44 - Notice Of Application To Pass Accounts. You can use this to get an idea of the context of the form and what type of information is needed.

_______________ (Cour t file no.) FORM 74.44 Courts of Justice Act NOTICE OF APPLICATION TO PASS ACCOUNTS ONTARIO SUPERIOR COURT OF JUSTICE IN THE ESTATE OF _________________ , deceased. NOTICE OF APPLICATION TO PASS ACCOUNTS This application to pass accounts will be heard on ____________, at _____________(time), if any person with a financial interest in the estate objects to the accounts or to the compensation claimed and doesn’t withdraw the objection, or if a request for increased costs is served and filed. This application will be heard (choose one of the following) In person By telephone conference By video conference at the following location ___________________________________________________________________________ (Courthouse address for in person hearing or telephone conference or video conference details, such as a dial -in n umber, access code, video link, etc., if applicable) The deceased died on __________________. A small estate certi ficate or a certificate of appointment of estate trustee was issued to ________________ by this court on _____________. The accounts are for the period from ______________ to ______________. The compensation claimed by the estate trustee, payable out of the estate, is $____ ______. The costs of the application claimed by the estate trustee under Tariff C are $____ ______. A person with a financial interest in the estate who retains a lawyer to review the accounts and makes no objection to them (or makes an objection and later withdraws it) but serves on the estate trustee and files with the court, with proof of service, a request for costs (Form 74.49 under the Rules of Civil Procedure) at least 10 days before the hearing date of the application, will be allowed one-half of the costs allowed to the estate trustee. However, where two or more persons are represented by the same lawyer, they are entitled to receive only one person’s costs. If the Children’s Lawyer or the Public Guardian and Trustee makes no objection to the accounts (or makes an objection and later withdraws it) but serves on the estate trustee and files with the court, with proof of service, a request for costs (Form 74.49.1) at least 10 days before the hearing date of the application, he or she will be allowed three-quarters of the costs allowed to the estate trustee. Any person with a financial interest in the estate who wishes to object to the accounts shall do so by serving upon the estate trustee, or the lawyer for the estate trustee, a notice of objection to accounts (Form 74.45 under the Rules of Civil Procedure, a copy of which is attached to this notice of application), and by filing a copy of the notice in the court office at least 35 days before the hearing date specified in the notice of application [R.74.18 (7)]. Any person who wishes to withdraw a notice of objection to accounts shall, at least 15 days before the hearing date of the application, serve on the estate trustee, and file with proof of service, a notice of withdrawal of objection (Form 74.48) [R.74.18 (8.4)]. If the estate trustee or any person with a financial interest in the estate seeks costs of the application greater than the amount allowed in Tariff C, the estate trustee or other person shall serve on every other party a request for increased costs (Form 74.49.2 or 74.49.3 under the Rules of Civil Procedure) together with a Costs Outline in Form 57B, at least 15 days before the hearing date of the application [R.74.18 (11)]. Any person with a financial interest in the estate who wishes to object or consent to a request for increased costs shall do so by returning the completed form 74.49.2 or 74.49.3, as the case may be, to the person making the request so that he or she receives it at least 10 days before the hearing date of the application. The person making the request for increased costs shall, at least 5 days before the hearing date of the application, file with the court a supplementary record described in subrule 74.18 (11.3) containing (i) the documents served under subrule 74.18 (11), together with an affidavit of service or lawyer’s certificate of service to prove service of those documents, (ii) an affidavit containing a summary of the responses to the request for increased costs and a list of persons who failed to respond, and (iii) the facto rs that contributed to the increased costs [R.74.18 (11.3)]. Any person with a financial interest in the estate who does not wish to object to the accounts but wishes to receive notice of any further step in the application, including a request for costs or a request for increased costs, shall, at least 35 days before the hearing date specified in the notice of applica tion, serve upon the estate trustee , and file with proof of service, a request for further notice in passing of accounts (Form 74.45.1), a copy of which is attached to this notice of application [R.74.18 (8)]. If one or more notices of objection to accounts are filed and not withdrawn, the estate trustee shall, at least 10 days before the hearing date of the application, serve on the persons referred to in subrule 74.18 (11.6), and file with proof of service, (i) a consolidation of all the remaining notices of objection to accounts and (ii) a reply to notice of objection to accounts (Form 74.49.4) [R.74.18 (11.5)]. If the application to pass accounts proceeds to a hearing, the estate trustee shall, at least 5 days before the hearing date, file with the court a record containing the documents referred to in subrule 74.18 (11.7). If the applicant and every other person referred to under subrule 74.18 (11.6), agree to all of the terms of a draft order, the applicant shall indicate that it is a joint draft order. If the applicant and other persons fail to agree to all of the terms of a draft order, the applicant shall indicate that it is the applicant’s draft order. Any person referred to under clause 74.18 (11.6) (a) may file an alternative draft order at least 3 days before the hearing date of the application or, with leave of the court, at the hearing [R.74.18 (11.8) (11.9)]. At the hearing, the only issues upon which the court adjudicates are those raised in the notices of objection to accounts and requests for increased costs that have been filed, unless the court grants leave to a party to raise other issues [R.74.18 (12)]. If no notice of objection to accounts is served and filed, or all objections have been withdrawn, the estate trustee may, without a hearing, obtain a judgment passing the accounts and allowing the compensation and costs claimed [R.74.18 (8.5)]. On a request for increased costs, the court may, in consideration of the documents in the supplementary record, grant judgment without a hearing. If the court declines to grant a request for increased costs without a hearing, the hearing shall proceed on the date fixed [R.74.18 (11.4)]. Any person may contact the estate trustee or the estate trustee’s lawyer to find out whether there will be a hearing. A copy of the accounts may be obtained from the estate trustee or the estate trustee’s lawyer, or may be inspected in the court office during regular business hours. _____________________________ ____________________________________ DATE Registrar _____________________________________ _____________________________________ _____________________________________ Name, address and telephone number of estate trustee or lawyer for the estate trustee) TO: (Name and address of each person with a financial interest in the estate. For a person under disability, also indicate name and address of personal representative) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ (Attach blank copy of Form 74.45 (notice of objection to accounts). (Attach blank copy of Form 74.45.1 (request for further notice in passing of accounts). RCP-E 74.44 (August 1, 20 22)

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