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  • How to Use the Q&A Chart — Probate Applications
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    Applying for Probate
    • When is probate required?
    • When is probate advisable?
    • When is probate not required?
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    Common Errors when Completing the Application
    • Complete name of applicant at the top of the form
    • Inconsistencies
    • How do I deal with changes on the face of the application?
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    When There Is a Will
    • What if there is a will but no executor?
    • What if an executor named in the will has died before the administration of the estate is complete?
    • What if probate was originally obtained by a court of competent jurisdiction in the United Kingdom, a province or territory of Canada or any British possession?
    • What if the original grant is from a jurisdiction other that of the United Kingdom, a province or territory of Canada or any British possession?
    • What documents must accompany the application for Certificate of Appointment of Estate Trustee with a Will?
    • Who do I have to send the Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will to?
    • Which documents must be sworn or affirmed by the applicant when applying for a Certificate of Appointment of Estate Trustee with a Will?
    • Which documents need to marked as exhibits in the application?
    • Which documents must be witnessed?
    • What if someone named as estate trustee in the will is not applying?
    • Why do I need to submit a Consent to the Applicant's Appointment as Estate Trustee with a Will (Form 74.12)?
    • What if the will or codicil is in holograph form?
    • What if the will is not a holograph but has written markings on it that are not initialed?
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    When There Is No Will
    • Who can apply for probate?
    • Can a non-resident obtain a Certificate of Appointment of Estate Trustee without a Will?
    • What if an Estate Trustee without a Will becomes Incapable before administration of the estate is complete?
    • What if there is no will and no next of kin competent and willing to apply for a Certificate of Appointment of Estate Trustee without a Will?
    • Where should the application be filed?
    • What documents must accompany the application for Certificate of Appointment of Estate Trustee without a Will?
    • Do I need a bond?
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    Probate Tax
    • How much is the tax?
    • What if access to estate funds is required to pay the probate tax before probate is obtained?
    • When is the probate tax nil?
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    Calculating Value of Estate
    • Does the Certificate of Appointment require a detailed inventory of estate assets?
    • What if the exact value of the estate is not known at the time the application is made?
    • What if the actual value of the estate turns out to be less than estimated?
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    Administration Bond of Indemnity
    • Do I need a bond?
    • What is a bond of indemnity?
    • How do I obtain a bond?
    • How do I waive the necessity of a bond?
    • What information should I include in the affidavit?
    • What should the draft order dispensing with a bond look like?
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    Estate Information Return
    • Do I need to file an Estate Information Return?
    • When does the Estate Information Return need to be submitted?
    • What information do I need to gather in order to complete the Estate Information Return?
    • What if I am not sure of the value of the estate by the time I am required to submit the Estate Information Return?
    • What are the penalties for failure to comply with the requirement?
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    Confirmation by Resealing of Appointment of Estate Trustee with or without a Will
    • When is a Confirmation by Resealing of Appointment of Estate Trustee with or without a Will required?
    • On which property is the estate administration tax calculated?
    • Where should the application be filed?
    • Which documents must be submitted in order to obtain a Confirmation by Resealing of Appointment of Estate Trustee with or without a Will?
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    Certificate of Ancillary Appointment of Estate Trustee with a Will
    • When is a Certificate of Ancillary Appointment of Estate Trustee with a Will required?
    • What documents must be submitted to obtain the Certificate of Ancillary Appointment of Estate Trustee with a Will?
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Date Prepared: 12/15/2025 7:18:54 AM