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Form 74.14, Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant) Form 74.15, Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant) Form 74.16, Affidavit of Service of Notice.
Form 74.04, Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Form 74.07, Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will. Form 74.13, Certificate of Appointment of Estate Trustee with a Will.
Section 7 of the Estates Act provides that the application for a certificate of appointment of estate trustee with or without a will must be filed with the Superior Court of Justice in the county or district in which the deceased resided at the time of death.
The New Estate Trustee will need to apply to the court for a Certificate of Appointment of Succeeding Estate Trustee With a Will in order to obtain the authority to deal with the estate assets. In such circumstances the original estate must be administered as if no executor had ever been appointed.
After the Application for the Certificate of Appointment and other material have been filed with the court, and assuming the documents have been properly prepared and that the court does not require any other supporting documentation, it can take anywhere from 2 to 4 months to obtain a Certificate of Appointment of
Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.
If no probate proceeding is necessary, there won't be an official personal representative for the estate. Instead, someone close to the deceased person usually the surviving spouse or an adult child steps in to wrap things up, using informal procedures to transfer property to the new owners.
No one named as executor is required to take on the responsibility. If no one in the family wants to do so, then you can ask the court to appoint a public administrator. Please keep in mind the executor is doing a job and will be paid for his or her time whether it is a family member or the public administrator.
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