Filling Small Estate Certificate

Summary

Filling Form 74.1A is for applying for a Certificate of Appointment of Estate Trustee of a small estate in Ontario. A close relative or executor named in the will typically applies. Multiple executors can apply together, but its not mandatory. If only one executor applies, they need one oath signed by a commissioner and written consent from other executors. Oaths can be commissioned via video conference. For free legal advice, contact the Law Society Referral Service at 1-855-947-5255.

Full Conversation

filling form *.1A application for a small estate certificate
Hello ****, filling Form *.1A can be challenging. Here are some key points to remember:
- This form is to apply for a Certificate of Appointment of Estate Trustee of a small estate in Ontario.
- Ensure all information is accurate and complete.
- Be diligent when listing all assets and liabilities.
Would you like specific help with a section?
who applies for the certificate
In Ontario, a close relative or the executor named in the will typically applies for the Certificate of Appointment of Estate Trustee. If there's no will, a close relative usually applies.
there are three executors. do they all have to apply
In Ontario, when multiple executors are named, they can all apply together for the Certificate of Appointment of Estate Trustee. However, it's not mandatory for all of them to apply. They can decide amongst themselves who will apply.
if only one executor applies do they need just one oath signed by a commissioner
In Ontario, if only one executor is applying for the Certificate of Appointment of Estate Trustee, only one oath needs to be signed by a commissioner. But, that executor should have the consent of the other named executors.
do you need written consent from the other executors
Yes, in Ontario, if only one executor is applying for the Certificate of Appointment of Estate Trustee, they should ideally have written consent from the other executors to avoid potential legal disputes.
how do I do an oath by video conference
In Ontario, as a response to the COVID-* pandemic, the Law Society of Ontario has allowed the commissioning of oaths through video conference. Here are the steps:
- Both parties must have a valid copy of the document.
- Both parties must be present through video during the entire process.
- The oath must be administered as usual.
- Both parties must sign their respective copies of the document.
Please, consult a legal professional for precise guidance.
is there a number I can call for * minutes of free advice
Yes, you can contact the Law Society Referral Service (LSRS) which is a free service that can connect you to a lawyer or paralegal for a free consultation of up to * minutes. Their phone number is *-*-*-*.