How do I apply for a certificate of appointment with a will?
Question & AnswerHow do I apply for a certificate of appointment with a will?
As an named in a will, you may have to apply for probate or a certificate of appointment. This means that you prove to the court that the will is valid and that you as the estate trustee have the right to deal with the .
Not all wills have to be probated. If the estate is small and does not include any , the will itself may be enough. But you may have to probate if, for example:
- a bank or another financial institution requires probate to release money in the person's bank account
- there is real property held by the person as sole owner or that you need to sell
- family, relatives, or friends disagree about whether the will is valid
The question “I’ve been named an estate trustee in a will. What do I have to do?” has more information on the other duties of an estate trustee. For example, you may have to also:
- arrange for the funeral and burial or cremation
- stop payments that end on death, like CPP, OAS, social assistance, and disability insurance payments
- cancel driver's licence, social insurance and OHIP cards
- find and value all in the estate
- pay any taxes and that are owed
- file tax returns
- distribute the property in the estate based on what the will says
Get legal help
The steps to probate a will are complicated. You may want to get help from an estates lawyer and from an accountant. Their fees are usually paid from the estate if they're reasonable.