Application for Certificate of Appointment for Estate Trustee

Some estates are simple to administer and may not require probating. Estate administration fees (formerly probate fees) can be a burden for small estates. If the deceased had very few assets or left assets such as life insurance policies or investments directly to named beneficiaries, probating the estate by going to court may not be necessary. Survivorship rights give a spouse who is a joint tenant on property titles the right to be the sole owner of matrimonial homes just by amending property titles. Ask us if probate is legally required if an estate is worth under $50,000.

Courts can appoint family members or others with ties to the deceased to execute an estate if they died intestate without a Will. A government administrator will execute the estate if there is no one else available. Estates without Wills are distributed according to rules government makes.

When there are multiple estate trustees, you can agree (if the Will maker hasn’t decided for you) how to split up responsibilities. Your duties go quicker and if a trustee feels they are unable to devote the required time or energy, successor trustees can often take over. Axess Law files court applications to remove or replace estate trustees if needed.

Estate administration can be difficult and time-consuming. You can hire legal, financial, or appraisal advisors to assist in valuing estate assets, unwinding financial accounts, or managing conflicts with beneficiaries. Professional fees are covered by the estate, unless you spend estate finances unwisely, which could make you personally financially liable. Axess Law offers legal advice to new estate trustees on avoiding conflicts of interest and passing accounts to probate court.

Estate beneficiaries are often named in Wills. But if that information is missing or incomplete, banks, financial advisors and next-of-kin can usually help you find heirs named in a personal Will. Placing a legal death notice online or in local papers or hiring a private investigator can also assist you to find beneficiaries. Axess Law has Ontario lawyers near you who can apply to the court for declarations for beneficiaries who have died or are absentee.

Beneficiaries who are unhappy with bequests in a Will or how you manage the estate can ask for courts to intervene. Coercion, undue influence, or fraud that occurred while a Will was being made can also be grounds to overturn a Will in Ontario. The estate covers legal expenses if court decisions are in your favour, but you can be personally financially liable if you are at fault. Axess Law recommends buying executor insurance for personal liabilities.

Estates that lack resources to cover debts or disburse bequests can be declared insolvent or you can file for bankruptcy on the deceased’s behalf. As an estate trustee, you must pass the accounts of the deceased’s assets to the court before asking to be removed from managing an insolvent or bankrupt estate.