Affidavit Of Proposed Administrator (No Will)

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.

Affidavit Of Proposed Administrator (No Will) is a commonly used form within Yukon. 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 Affidavit Of Proposed Administrator (No Will)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Proposed Administrator (No Will):

• This form pertains to the State of Yukon

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 Yukon’s Form Form 74 - Affidavit Of Proposed Administrator (No Will) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Yukon 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 Yukon 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 Form 74, take a break, and then review. Probate and estate settlement processes in YT 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 Form 74 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 Form 74 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 Affidavit Of Proposed Administrator (No Will) 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 Yukon.

5 reasons you should submit Form 74 as quickly as possible:

1. The sooner you begin, the faster Yukon 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 Yukon. 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 Yukon 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 Yukon 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 Yukon probate clerk or court for exact answers regarding Form Form 74, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Proposed Administrator (No Will) is one of the many probate court forms available for download through Atticus.

It may also be available through some Yukon 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 Yukon.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 74 - Affidavit Of Proposed Administrator (No Will) 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 Yukon probate court office.

Affidavit Of Proposed Administrator (No Will) 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 Yukon-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 Yukon Form Form 74 - Affidavit Of Proposed Administrator (No Will). You can use this to get an idea of the context of the form and what type of information is needed.

[name of applicant] ______________________ # ___ [date affidavit is sworn/affirmed] _________________ Form 74 S.C. No._________ (Rule 64) SUPREME COURT OF YUKON ESTATE OF ____________________________________________, Deceased ALSO KNOWN AS ________________________________________________. AFFIDAVIT OF PROPOSED ADMINISTRATOR (No will) I, [name and address of applicant], ______________________________ _________________________________ MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT: 1.________________________________________________, late of [street address and community] ____________________________________ in Yukon, died on the _____ day of _______________, 20____, at ______________________ in __________________________. Attached as Exhibit “A” is a copy of the Certificate of Death. 2.My relationship to the deceased is __________________________________ and I am applying to be the Administrator of the Estate of the deceased because [identify the basis of the applicant’s entitlement to become administrator, e.g. one of the residuary beneficiaries, etc.] _______________________________________________________________. 3.I have made a careful search and believe the deceased died without having left any will, codicil or testamentary document. This search included contacting law firms for a will and banks for a safety deposit box. 4.The deceased was survived by [identify any person entitled to inherit under sections 78 to 95 of the Estate Administration Act, RSY 2002, c. 77]: Name Age Relationship 5. The persons who have a prior or equal right to apply for the grant of administration are: Name Age Relationship 6. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased. 7. The Statement of Assets, Liabilities and Distribution attached as Exhibit “B” discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased’s personal representative, together with the names of the beneficiaries, their relationship to the deceased and the fraction or share of the property passing to them. 8. I will promptly disclose to the court the existence of any asset or liability which has not been disclosed in Exhibit “B” when I learn of it. 9. I will administer according to law all the estate which by law devolves to and vests in me, in the personal representative of the deceased, and I will provide a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so. 10. The deceased is: A citizen of a self-governing First Nation that has passed a law(s) that govern administration of estates. A citizen of a self-governing First Nation that has not passed a law(s) that govern administration of estates. An Indian subject to the administration of the Indian Act. None of the above. Sworn/Affirmed before me at ________ _______________ , in the Yukon, on this___ day of ____________, 20 __ _____________________________ __________________________ A Notary Public In and For the Yukon Signature [Applicant] Notary’s Name_____________________ Office (position)____________________ Expiry date:_______________________ ESTATE OF ____________________________________________, Deceased ALSO KNOWN AS________________________________________________ STATEMENT OF ASSETS, LIABILITIES AND DISTRIBUTION Part I REAL PROPERTY [including mortgages and vendors and purchasers interests in agreements for sale] Within or Outside Yukon Value at Death Family Home Rental Property Cabin Land Mining claims Business Property Other Other Other Other Other Other Total Real Property $ Part II PERSONAL PROPERTY [all assets except real property] Within or Outside Yukon Value at Death Bank account Bank account Vehicle CPP death benefit RRSP Pension Investment Account Shares in business(es) Boat All-Terrain Vehicle Snowmobile Guns Gold nuggets/bars Household furnishings Art Jewelry Recreational Gear Other Other Other Other Other Other Total Personal Property $ SAFETY DEPOSIT BOX No. and Location TOTAL GROSS VALUE OF ESTATE $ Part III DEBTS AND LIABILITIES Paid or Unpaid Funeral expenses Credit card Mortgage Line of credit Internet bill Tax bill Utilities Loans Telephone/cellphone bill Other Other Other Other Total Debts and Liabilities $ TOTAL NET VALUE OF ESTATE $ Part IV DISTRIBUTION OF ESTATE Name [indicate if subject to trust] Relationship Property Passing [share in percentage of property or specific property] This is Exhibit “B” referred to in the affidavit of __________________ made before me at __________________ this ____ day of ________________, 20__. ____________________________________ A Notary Public In and For the Yukon