Probate Applications are referred to as an Application for a Certificate of Appointment of Estate Trustee.
An Estate Trustee is the person who is charged with the rights and responsibilities of administering the Estate of a deceased person. An Estate Trustee can be appointed in the Will of the deceased. If the deceased person did not have a Will, the next of kin of the deceased is entitled to make an Application for a Certificate of Appointment of Estate Trustee Without a Will. Some of the responsibilities of the Estate Trustee include but are not limited to paying all of the just debts of the deceased (including filing a terminal tax return), gathering all of the assets of the Estate, commencing or defending any Court proceeding (only where applicable) on behalf of the Estate, and ultimately distributing the property of the Estate to the rightful and lawful beneficiaries of the Estate.
In order for the Estate Trustee to carry out his or her duties on behalf of the deceased person, he or she may have to make Application for a Certificate for Appointment of Estate Trustee. The Application for a Certificate of Appointment of Estate Trustee is made to the Court.
A Certificate of Appointment of Estate Trustee may be required by financial institutions, insurance companies, or other institutions holding property or debt in respect of the deceased person. The Certificate of Estate Trustee allows an Estate Trustee to carry out his or her duties and responsibilities and deal freely with the financial and other institutions holding any property or debt in respect of the deceased. A Certificate is also required, in most cases, where you are selling any real estate in the name of the deceased.
We assist in all types of Applications to the Court for a Certificate of Estate Trustee.
For more information, please contact us to book a consultation.