3. Tell the beneficiaries
Question and answer
I’ve been named estate trustee in a will. How do I apply for a certificate?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 Estate process for estates worth $150,000 or less, you must do this at least 30 days before filing the application.
How to give notice
To give notice, you must give each beneficiary copies of:
- your completed application form 74A for the regular court process, or application form 74.1A for the small process, including all attachments
- a copy of the will, or the part of the will that shows them what they're getting
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 attorney, give notice to the Office of the Public Guardian and Trustee.
Small Estate process
Confirm that you gave notice to all the 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 of the beneficiaries by filling out Form 74B Affidavit of Service. Send this form with your probate application.
You must promise that the information in the form is true in front of a commissioner for taking affidavits.