Real Estate Trustee Forms

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Commonly Asked Questions about Real Estate Trustee Forms

Is a certificate of appointment the same as probate in Ontario?

In Ontario, a certificate of appointment of estate trustee is the legal name for probate. When an estate trustee applies to court for a certificate, anyone who does not think the will is valid has a chance to object. The court does not issue the certificate until the objection is resolved.

What forms are required for probate in Ontario?

To apply for probate, you will need the following forms: Form 74A - Application for a Certificate of Appointment of Estate Trustee. Form 74B - Affidavit of Service of Application for a Certificate of Appointment of Estate Trustee. Form 74D - Affidavit of Execution of Will or Codicil.

How do I get a certificate of appointment of an estate trustee without a will in Ontario?

How to obtain a Certificate of Appointment without a Will in Ontario. In Ontario, the application is made to the Superior Court of Justice. The applicant must file the application in the office of the county or district where the deceased was living when they died.

What is form 74A in Ontario?

Form 74A is required when applying for a Certificate of Appointment of Estate Trustee with a Will, with a Will Limited to the Assets referred to in the Will, and without a Will. Form 74.1A is required when applying for a Small Estate Certificate (currently being an estate valued at $150,000 or less).

How long does it take to get a probate certificate in Ontario?

The probate process in Ontario, from initial application to final distribution and estate closure, typically takes between 8 to 12 months to complete. The process involves two main phases: Official Court Process: 6 to 8 weeks (on average) Full Estate Settlement: Additional 6 to 10 months.

How do I check the status of my probate in Ontario?

Contact your lawyer or the lawyer for the applicant to check the status of probate in Ontario. Parties can also call the courthouse to inquire about the status of probate in Ontario. An update about probate application status is available 15 days from the date the court received the application.

How long does it take to get a certificate of appointment of estate trustee in Ontario?

The processing time can vary, but on average, it takes around six to eight weeks to receive a certificate of appointment. However, this timeframe may extend if the application is complex or if there are issues that need to be resolved.

Who can apply to be an estate trustee in Ontario?

First off, you must be an Ontario resident to apply. Aside from that, the following people are granted trusteeship, in order of preference: A partner the deceased who the deceased was legally married to or in a common-law relationship with immediately before death. The deceaseds closest living relative.