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?
2. Give notice
A Form 74.7 Notice of your application must be given to all before you can file your application at court. This is called service or “serving your documents”. It lets the beneficiaries know what you’re doing and gives them a chance to respond to your application.
This means you must identify all of the beneficiaries listed in the will and get their addresses so that you can give them a copy of the Notice. You must also attach a copy of the will to the Notice. But, if the beneficiary is only getting a or , you can attach a copy of the part of the will that mentions it.
If any beneficiary is under 18, you must give Notice to the Office of the Children’s Lawyer and their parent or guardian. If any beneficiary is , you must give Notice to the Office of the Public Guardian and Trustee.
Once you give Notice to all beneficiaries, you must fill out a Form 74.6 Affidavit of Service as proof of service. This form must be sworn or affirmed. This means you promise that the information in it is true. It is against the law to not tell the truth when swearing or affirming an affidavit.