How do I apply to be an estate trustee without a will?

4. Submit the application

You have to file your forms with the Estate Registrar at the Superior Court of Justice in the area where the person lived or owned .

You need to prepare a cover letter to the Estate Registrar. In the letter, list everything that you’re including with your application. For example:

  • each of the signed forms you’ve filled out
  • the death certificate
  • a certified cheque or bank draft for the estate administration tax

Pay the estate administration tax

You must pay the administration tax. This is often called probate fees. The amount of the tax is based on how much the estate is worth. In Ontario, probate fees are $15 on every $1,000 of over $50,000.

You can use the government’s estate administration tax calculator to figure out the amount.

Get the Certificate

Once you’ve given the court all the information that they need, your application may take several months to process depending on which court office it’s filed in.

If court staff have questions about your application, they will contact you for more information or documents. Then your application goes to a judge for them to sign your Certificate of Appointment of Estate Trustee without a Will.

Once, you get the Certificate, you can distribute the property in the estate based on the . Under the intestacy rules, who gets the property depends on whether the person was married or not married.

The question “My loved one died without a will. Can I apply to be their estate trustee?” has more information on what you need to do.

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