4. Probate the will

You might have to apply to probate the will. This means that you apply to the court for a certificate to confirm that:

• the will is valid, and
• you as the estate trustee have the right to deal with the estate.

Not all estates require a probate certificate for the estate trustee to manage the estate. But you may have to probate the will to administer the estate if, for example:

• a bank or another financial institution needs probate to release money in the person's bank account
• family, relatives, or friends disagree about whether the will is valid
• the person who died owned real property, like a house

For more information read, I’ve been named estate trustee in a will. How do I apply for a certificate?

Tell the beneficiaries

If you go through the probate process, you need to give notice to all the beneficiaries that you have applied for a certificate.

If a beneficiary is 17 years old or younger, you give notice to the Office of the Children’s Lawyer and their parent or guardian when you apply for your certificate.

If a beneficiary is mentally incapable, you give notice to the person who:

• a court said is their guardian, or
• is their attorney for property in a power of attorney for property.

If they do not have a guardian or an attorney, then you give notice to the Office of the Public Guardian and Trustee.

Manage and distribute the estate

If the court makes you estate trustee, you have to manage and distribute the estate. Read, “I’m the estate trustee. How do I manage and distribute the estate.”

It's a good idea to regularly update the beneficiaries on where you are in the process.