I’ve been named estate trustee in a will. How do I apply for a certificate?
If you've been named in a will, you may need to ask the court for a Certificate of Appointment of Estate Trustee. This certificate confirms that the will is valid and that you have the right to deal with the as estate trustee. This process is usually called applying for .
Not all estates require a probate and a certificate in order for the estate trustee to manage and distribute it.
But you may have to probate a will to manage and distribute the estate if, for example:
- a bank or another financial institution asks for probate to release money in the person's bank account
- family, relatives, or friends say the will is not valid
- the person who died owned , like a house
The probate process
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 process. If the court accepts your application, you get a Small Estate Certificate. This confirms you have the 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.
Before you apply, it's a good idea to check if anyone else applied for probate or was given a certificate.
No estate trustee named
Sometimes, a person does not name an estate trustee in their will. In that situation, the process to apply to be estate trustee and get a certificate is different. Read: “How do I apply to be an estate trustee for someone who died without naming one?”
Get legal help
Applying for probate can be complicated. An estates lawyer can tell you:
- how to apply for probate
- about the legal risks and responsibilities an estate trustee has
- what to do if another person challenges your application or make 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.