2. Tell the beneficiaries
Question and answer
How do I apply to be an estate trustee for someone who died without naming one?When filing your application with the court, you must give notice to every beneficiary. Do this even if a beneficiary is an organization or charity.
If you're applying under the small process for estates worth $150,000 or less, you must do this at least 30 days before filing your application.
How to give notice
If there's a will, the are named in it. If there is no will, the say who the beneficiaries are.
To give notice, you must give each beneficiary copies of:
- Your probate application for a certificate. This is Form 74A for the regular court process, or Form 74.1A for the small estate process, including all attachments.
- If there's a will, a copy of the will, or the parts of the will that are relevant to the beneficiary's interests.
You must give the documents in one of these ways:
- by email to their last known email address by mail or courier to their last known address
- in person
If a beneficiary is age 17 or younger, give notice to the Office of the Children’s Lawyer and their parent or guardian.
If a beneficiary is , give notice to the person who:
- a court said is their guardian, or
- is their attorney based on a power of attorney.
If they do not have a guardian or an attorney, give notice to the Office of the Public Guardian and Trustee.
Small Estate process
Confirm that you gave notice to all the beneficiaries by filling out Form 74.1B Request to File an Application. Send this form with your probate application.
Regular court process
Confirm that you gave notice to all the beneficiaries by filling out Form 74B Affidavit of Service and sending it with your probate application. You must promise the information in the form is true in front of a commissioner for taking affidavits.