How do I apply to be an estate trustee for someone who died without naming one?

This information is for people applying to be for a person who:

died without a will, or
had a will but did not name an trustee.

If you were named estate trustee in a will, read “I’ve been named estate trustee in a will. How do I apply for a certificate?”

Estate trustees have the right to manage and distribute a person's property after they die. To become estate trustee, you need to ask the court for a certificate.

Before you apply

There are rules about who can apply to be estate trustee for a person who died without naming one. Before you apply, learn if you can apply, and learn about the risks and responsibilities of being an estate trustee. If you decide to apply, check if anyone else has. Read, My loved one died without naming an estate trustee. Can I apply?

Once you become the estate trustee, you may need permission from a judge to stop being one. So, think carefully about agreeing and applying to be an estate trustee.

Apply for Probate

The process of asking the court to make you estate trustee and confirm that a will is valid, if there is one, is usually called .

How you apply for probate depends on the value of the estate. If the value of the estate is $150,000 or less, you can apply for probate through the optional simplified small estate court process. If the court accepts your application, you get a Small Estate Certificate. This confirms your right to manage the estate listed in the certificate.

For estates of any value, you can apply for probate through the regular court process. If the court accepts your application, you get a Certificate of Appointment of Estate Trustee. This confirms your right to manage the estate.

Get help

Applying for probate can be complicated. An estates lawyer can tell you:

how to apply for probate
about your legal risks and responsibilities as an estate trustee
what to do if another person challenges your application or makes a claim against the estate.

An estates lawyer can also apply for probate for you. If you need professional help from an estates lawyer or an accountant, their fees are usually paid from the estate if they're reasonable. If your application is not successful, you're usually responsible for your own legal and accounting fees.