2. Tell the beneficiaries
Question & Answer
How do I apply to be an estate trustee without a will?You must give notice to all that you're applying for probate. You do this by “serving” your application, including any attachments.
This means you must identify who all the beneficiaries of the are under the . 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.
It lets the beneficiaries know what you're doing and gives them a chance to respond to your application. A majority of the beneficiaries must agree 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 or Form 74B.1 Lawyer’s Certificate of Service of Application for a Certificate of Appointment of Estate Trustee. 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.
