4. Search for a will before you apply

You must apply and ask the court to become estate trustee.

If the person who died made a will, you must promise that as far as you know the will is their valid last will. You do that by swearing an affidavit that says that. This is part of the form you complete when you apply to be estate trustee.

Or you may be applying to be an estate trustee for a person who died without a will. In this situation, you must swear an affidavit that you searched carefully for a will but could not find one. This is part of the form you complete when you apply to be estate trustee.

How to search for a will

A lawyer can tell you the things you must do to look for a will. Some common ways are to:

• Look through the person's personal papers at home or in their safety deposit box at a bank. But a bank may not provide access to the box.
• Ask the person's family, friends, and caregivers, including nursing home staff, if they know whether the person made a will and where it is.
• Ask the people who are their:
  • attorney for property in a Power of Attorney for Property, if they had one.
  • attorney for personal care in a Power of Attorney for Personal Care, if they had one
  • guardian of property as appointed by the court, if they had one
  • guardian of the person as appointed by the court, if they had one
• Ask the person's professional advisors, including their lawyers, financial planners, and accountants.
• Check online wills registries.

You can also place an advertisement in the Ontario Reports and local newspapers asking if anyone knows about the will. And you can check the court records in the Superior Court of Justice closest to the person's home. You need to give court staff the person's legal name, address, date of birth, and their death certificate.

Local court offices may be able to check with other courts in Ontario.

In Toronto, you can contact the Estates Office at 330 University Avenue in person or by phone at 416-326-2940.

If you cannot find a will

If you cannot find a will, it's assumed that the person never made one or cancelled it by destroying it. This means the intestacy rules will apply to their estate.