6 MUST NEEDED DOCUMENTS FOR PROBATE
The Probate Application
By simply filling out appropriate information, many individuals believe this to be the easiest of tasks when filing for probate. Alongside submission of the applicable administration fee, it isn't until the probate application has been rejected by the Ontario Superior Court of Justice where the individual realizes they should have retained Red Booth Law to satisfy the probate application material with all the precise nuances requested by the Superior Court of Justice.
The Last Will & Testament
Since the Will names the Executor (this is the individual the deceased wished to have appointed as Estate Trustee), the Will is of course a mandatory document that must be submitted for probate. However, there are two caveats to this: first, actually being in possession of the original Will; and second, being satisfied no other Wills were executed after the execution date.
Where you are not in possession of the original Will, first try searching through the deceased's house, safety deposit box or other areas where the deceased may have kept sensitive instruments. Keep in mind, the deceased's primary residence, usually being their matrimonial home and/or family home, may not be the only property the deceased held title. Therefore, you may have to make a trip up to the summer cottage or other properties where you believe the deceased may have kept sensitive documents. Here, at Red Booth Law, we always recommend keeping your original Will and Powers ofAttorney in our fireproof safe while being provided with copies of the said. The reason for this, there's only one original Will. With this being said, if you are unable to locate the original testamentary document, try communicating with other family members and friends to determine if they know of any whereabouts. Should you still be unable to locate the original Will, contact us right away and we will help locate it.
NOTE: For probate purposes, the above also applies to properly drafted and executed original Codicils.
The Affidavit of Execution
Anytime our clients execute their Will, an Affidavit of Execution will always be executed by one of our inhouse witnesses. Without this, unnecessary legal costs will be added and there is no guarantee the Ontario Superior Court of Justice will accept the probate material, at the time of filing.
In saying this, an Affidavit of Execution is usually a single sheet of paper and holds significant importance when filing forprobate. Essentially, the Affidavit of Execution informs the Ontario Superior Court of Justice that the individual who witnessed the testator's signature was indeed present.
Original Proof of Death or Death Certificate
There are two types of death certificates, one issued from the Province of Ontario and the other from the funeral director of the funeral home. Rather than waiting months for a government issued death certificate, for probate purposes, Red Booth Law only requests a Proof of Death from the funeral director of the funeral home.
If you haven't been provided with one or more already, on your behalf, we'll take the liberty to directly correspond with the funeral home and obtain the original Proof of Death.
Estimated Administration Taxes
When filing for probate, the amount payable to the Minister of Finance can only be determined after all asset information has been gathered and accounted for. Once satisfied and alongside your probate application, either a bank draft or a certified cheque must be submitted for any Estate Administration Taxes owing.
At Red Booth Law, we know what estate assets should and shouldn't be forming part of the probate material. This allows us to organize the estate assets accordingly, all while still finding ways to save money. On top of this, after gathering and structurally organizing assets belonging to the estate, our precise calculation provides you an exact dollar figure to the amount owed to the Minister of Finance for probate taxes.
BE WARNED: Should you decide to take on this responsibility and avoid retaining a competent professional, such as RedBooth Law, there can be serious consequences where there has been a failure to disclose all asset information belonging to the deceased, including imprisonment.
Notice of Affidavit
First, look to the Will, determine who all the beneficiaries are, and write it down. Next, Red Booth Law will then draft an affidavit on your behalf illustrating notice has been served on each and all of the appropriate beneficiaries.
Where any of the beneficiaries are a minor and/or lacking mental capacity, we will also make sure serve the necessary documents on all the appropriate parties.
Call Us and Get Appointed as Estate Trustee
Whether you're the named Executor or are unsure of the Certificate of Appointment of Estate Trustee procedure, contact us for a free phone consultation and get appointed as the Estate Trustee With or Without a Will to the estate that requires probate.