Request To File An Application For A Small Estate Certificate Or An Amended 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.

Request To File An Application For A Small Estate Certificate Or An Amended 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 Request To File An Application For A Small Estate Certificate Or An Amended Small Estate Certificate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Request To File An Application For A Small Estate Certificate Or An Amended 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 74.1B - Request To File An Application For A Small Estate Certificate Or An Amended Small Estate Certificate 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 74.1B, 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 74.1B 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 74.1B 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 Request To File An Application For A Small Estate Certificate Or An Amended 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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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 74.1B 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 74.1B, and when in doubt— consult a qualified trust & estates lawyer for that area.

Request To File An Application For A Small Estate Certificate Or An Amended 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 74.1B - Request To File An Application For A Small Estate Certificate Or An Amended 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.

Request To File An Application For A Small Estate Certificate Or An Amended 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.

Here’s the text, verbatim, that is found on Ontario Form 74.1B - Request To File An Application For A Small Estate Certificate Or An Amended 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 3 FORM 74.1B Courts of Justice Act ONTARIO SUPERIOR COURT OF JUSTICE REQUEST TO FILE AN APPLICATION FOR A SMALL ESTATE CERTIFICATE OR AN AMENDED SMALL ESTATE CERTIFICATE In the Matter of the Estate of ______________________, deceased, _______________________, is applying for a Small Estate Certificate. I request the filing with the Superior Court of Justice of the following documents which are attached to this Request: Application for a Small Estate Certificate, sworn or affirmed on ____________ [Form 74.1A] Draft Small Estate Certificate [Form 74.1C] OR Application for an Amended Small Estate Certificate, sworn or affirmed on _____________ [Form 74.1E] Draft Amended Small Estate Certificate [Form 74.1F] Copy of the Small Estate Certificate that was issued by the court in the original application. AND Proof of death, dated _____________ Deceased’s Will, dated _____________ (select only if applicable) Deceased’s codicil, dated _____________ (select only if applicable) Bond (select only if applicable) Affidavit/s (select only if applicable) A Draft Order seeking to: Dispense with a bond Defer taxes Other: For a request to dispe nse with a bond: Applicant's Affidavit Consents of beneficiaries For an order under s. 4(1) of the Estate Administration Tax Act , 1998: Applicant's Affidavit Applicant's Affidavit and Undertaking pursuant to s. 4(3) of the Estate Administration Tax Act , 1998 Other: Page 2 of 3 Applicant Declarations: (select all that apply) I sent or gave the Application [Form 74.1A or 74.1E] to: i. each person entitled to share in the distribution of the estate, including charities and contingent beneficiaries; ii. the Office of the Childr en’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 7 of the Application form. If I wrote “None” in the Guardian or Attorney box of Part 7, I sent a copy of this Application form and a copy of the W ill and any codicil(s), if any , to the Office of the Public Guardian and Trustee. (If you are the sole beneficiary of the estate, it is not necessary to check the box above. Please explain in the last line of paragraph 2.) Along with the Application, I sent or gave i. an extract of the part or parts of the W ill or codicil relating to the gift, or a copy of the W ill (and codicil(s), if any), along with the applications sent to or in respect of a person entitled only to a specified item of property or stated or determinable amount of money, ii. a copy of the entire Will (and codicil(s), if any), along with the applications sent to the beneficiaries other tha n the persons set out in number i, iii. a copy of the entire Will (and codicil(s), if any), 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 the Application form , along with the application sent to the Children's Lawyer or the Public Guardian and Trustee. I did not send or give the application to one or more person(s) named in the Will as beneficiaries or who are members of a class of beneficiaries under the Will or are entitled to share in the dis tribution of the estate under an intestacy pursuant to the Succession Law Reform Act. The reasons are as follows: Name of person (as it appears in Will, if any) Reason the application was not sent or given to the person To the best of my knowledge and belief, the persons named in the Application are all the persons who are entitled to share in the distribution of the estate. The documents above were sent or given to these persons by email, mail, courier or personal service in accordance with the Rules of Civil Procedure. Page 3 of 3 At least 30 days have passed since the date that I sent the documents above to these persons. I am the sole beneficiary of the estate and therefore it is not necessary to send the application to any other person. The estate is valued in the Application at $ _____________ and the estate administration tax payable is $ _____________ , consistent with the Estate Administration Tax Calculator amount (available on Ministry of Attorney General website). The estate administration tax, payable to Minister of Finance, paid by certified cheque bank draft solicitor’s cheque, was sent/delivered to the court office below on _____________ by mail courier in person Additional information: ________________________________________________________________________________ If you did not check off all the boxes for the Applicant Declarations, provide the reason: ________________________________________________________________________________ DATE: Signature of applicant/lawyer/trust officer for corporate applicant ______________________________________ Court Address RCP-E 74.1B ( February 1, 2022) Name: Role: (applicant/lawyer/ trust officer for corporate applicant) Mailing address: E- mail address (if available): ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________