I’ve been named estate trustee in a will. How do I apply for a certificate?

2. Tell the beneficiaries

You must give notice that you're applying for probate to everyone who gets a share in the , including and charities. You do this by “serving your documents”. The documents include:

  • the application for a certificate, including any attachments
  • a copy of the will, or the part of the will that shows what item or amount of money the person is getting

You serve the documents by sending either:

  • an email to the beneficiary's last known e-mail address, or
  • a regular letter by mail or courier to the beneficiary's last known address.

This lets the beneficiaries know what you're doing and gives them a chance to respond to your application.

If a beneficiary is under 18, you must give notice to the Office of the Children’s Lawyer and their parent or guardian.

If a beneficiary is what the law calls , you must give notice to the Office of the Public Guardian and Trustee.

You must give notice at least 30 days before you file your probate application with the court.

Once you give notice to all of the beneficiaries, you must prove you've done this by filling out a Form 74B Affidavit of Service. This form must be sworn or affirmed. This means that you promise that the information in it is true. It's against the law to lie when swearing or affirming an affidavit.

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