How do I apply to be an estate trustee without a will?

1. Fill out the probate application

Probate is a process that asks the court to confirm that a will is valid, and that you have the right to deal with the as the . If the court agrees, you get a certificate.

How you apply for probate depends on the value of the estate. If the value of the estate is:

The forms you use to apply ask you to list the estate and , and their value. This means that you must find and value all of the assets and debts. If some assets, like real estate, art, or jewellery need to be valued, you have to arrange for that.

Assets are valued based on their fair market value on the date of the person's death. Fair market value is the amount a reasonable person would pay. Make sure you keep copies of any estimates you get by experts or appraisers.

You must include the following documents with your probate application:

  • the original will
  • anything that was added to the will that explains, changes, or revokes the will or part of it
  • proof that the person has died

Small estate court process

You must fill out the following forms:

Regular court process

Starting January 1, 2022, you must use Form 74A Application for a Certificate of Appointment of Estate Trustee.

The application asks for a lot of information, including:

  • where and when the person died
  • details about whether they were single, , or divorced
  • the value of the estate
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