1. Gather information and fill out the forms

To fill out the probate application form, you need information about the person who died and their estate.

You must find and prepare a list of the estate's assets and debts. Then value the assets based on their fair market value on the day the person died. That's the amount a reasonable person would pay to buy the assets.

You may need an expert to value some assets, like real estate, art, or jewelry. Keep detailed records and documents about the estate assets and debts, for example:

• documents such as bank and mortgage statements showing the value of the assets and debts on the date the person died,
• expert appraisals of valuable assets.

Documents

You must send the court:

• the original will, if there is one
• any “codicils”, meaning anything that was added to the will after it was made that explains, changes, or revokes the will or part of it
• the death certificate or court order proving the person died
• the required court forms

Forms

You must attach one of these affidavits to the will, if there is one:

• Form 74D completed by a person who saw the person who died sign the will, if it's a formal will
• Form 74E signed by a person who saw the person who died change or mark the will, if the will has changes
• Form 74F signed by someone who is not a beneficiary, to confirm that the will is in the handwriting of the person who died, if it's a handwritten will

You must promise or swear that the information in an affidavit is true in front of a commissioner for taking affidavits.

Small estate process

For an estate worth $150,000 or less, you can fill out Form 74.1A Application for a Small Estate Certificate. Promise or swear that form before a commissioner for taking affidavits. Also fill out:

• Form 74.1B Request to File an Application
• Form 74.1C Draft Small Estate Certificate with a copy of the will and any codicils attached to it

Regular court process

For the regular court process, fill out Form 74A Application for a Certificate of Appointment of Estate Trustee. Promise or swear it before a commissioner for taking affidavits.

You also need Form 74C Draft certificate of appointment of estate trustee with a copy of the will, and any codicils attached to it.

Other forms and documents

You may need to send other forms and documents. For example, say someone has the right to apply to be estate trustee before you, or they have the same right. If they do not want to apply, they must sign Form 74G Part A.