What is a Certificate of Appointment of Estate Trustee?

In Ontario, an Application for a Certificate of Appointment of Estate Trustee is the modern term for probate. “Obtaining probate” means receiving a Certificate of Appointment of Estate Trustee from the Court. The Certificate of Appointment of Estate Trustee is proof that an estate trustee (or executor) has authority over an estate. It also attaches a copy of the applicable Will, or indicates that the estate is an intestacy, meaning that the deceased died without a valid Will.

Estate Trustee Meaning

In Ontario, an estate trustee is the individual legally authorized by The Court to manage and distribute a deceased person's estate. This role is commonly referred to as an “executor”.

When is a Certificate of Appointment of Estate Trustee required?

A Certificate of Appointment of Estate Trustee is often needed because banks and other institutions typically require it before acknowledging an estate trustee’s authority.  For amounts less then $10,000-$15,000, a bank or other financial institution may release funds with a contract called an indemnity agreement.  For accounts solely in a deceased’s name over about $10,000-$15,000, banks almost always require a Certificate of Appointment of Estate Trustee before releasing funds.

A Certificate of Appointment of Estate Trustee will always be required for anyone who is not named in the last valid Will to act as an estate trustee.

A Certificate of Appointment of Estate Trustee is usually required for an estate trustee to sell an estate’s real estate, including houses, cottages, and investment properties.

Do I need a Certificate of Appointment of Estate Trustee?

The are circumstances where a Certificate of Appointment of Estate Trustee is not required to administer an estate. On a no cost initial consultation, Katzman Estate Law lawyers first determine whether an Estate Trustee even needs to obtain a Certificate of Appointment of Estate Trustee to administer an estate.  There are strategies that may help avoid the legal fees and taxes required to obtain a Certificate of Appointment of Estate Trustee, depending on the circumstances of each case.  We also advise clients on whether obtaining a Certificate of Appointment of Estate Trustee is in their best interests.  Especially if an estate is small and an estate trustee does not have an entitlement under a Will, it may be best for someone named as an estate trustee in a Will to decline to act.

How to get a Certificate of Appointment of Estate Trustee

Usually, the first step is to hire a probate lawyer. In order to apply for a Certificate of Appointment of Estate Trustee, the lawyer completes an Application for a Certificate of Appointment of Estate Trustee, addresses any bond and Estate Administration Tax issues, attaches other documents to the Application as required including a Death Certificate, and makes sure that the Application is served on the necessary parties. The Application with attachments is then submitted to the Ontario Superior Court of Justice.

There are two distinct expenses that must be addressed when applying for a Certificate of Appointment of Estate Trustee: the Estate Administration Tax and a bond. The Estate Administration Tax is paid when the application for probate is made. This tax is charged based on the value of the estate, with the rate being $15 for every $1,000 the estate is worth. There is no Estate Administration Tax on the first $50,000 of an estate’s value. A bond is expensive insurance.

A probate lawyer is sometimes able to avoid the payment of both expenses, at least at the time that the Application is made. A probate lawyer can apply to defer the Estate Administration Tax until 6 months after the receipt of a Certificate of Appointment of Estate Trustee, allowing the estate trustee to use the estate’s funds directly rather than personal funds. A probate lawyer is often able to dispense with the requirement for a bond.

Timeline to Receive a Certificate of Appointment of Estate Trustee

Katzman Estate Law is usually able to submit an Application for a Certificate of Appointment of Estate Trustee within a month of being retained if we are provided with the documentation we need.  After the Application is submitted to the Court, it can sometimes sit at a courthouse for up to 6 months before it is processed.  In some jurisdictions and in rare circumstances, we can ask the Court to expedite our Application for a Certificate of Appointment of Estate Trustee.

Our record for being granted a Certificate of Appointment of Estate Trustee is 35 days after we were retained.  While that is not a realistic expectation for future files, we hope to beat our current record for how long it takes to receive the Certificate of Appointment of Estate Trustee.

Work with Katzman Estate Law for your Certificate of Appointment of Estate Trustee Application

At Katzman Estate Law:

• We strictly practice estate law; we do not dabble in other practice areas.
• We ask for a flat fee for most Applications for a Certificate of Appointment of Estate Trustee.
• We may be able to help you avoid making an Application for a Certificate of Appointment of Estate Trustee, while still accessing estate assets.
• We typically submit completed Applications for a Certificate of Appointment of Estate Trustee applications within a month of being retained.
• We represent both individuals and trust companies.
• We first try to get our fee paid directly from the estate’s funds.
• We have offices in Toronto, Windsor, Chatham, and Sarnia, though in-person meetings are typically unnecessary.
• We are also estate litigators who regularly argue estate matters in the Ontario Superior Court of Justice.
• Our lawyers also act as professional estate trustees and have specific insurance to do so.

Katzman Estate Law lawyers have experience with:

• Straightforward Applications for a Certificate of Appointment of Estate Trustee when someone dies with a valid Will;
• Applications for a Certificate of Appointment of Estate Trustee when someone dies without a Will (intestate);
• Applications for a Certificate of Appointment of Estate Trustee with the anticipation of a dispute;
• Applications for a Certificate of Appointment of Estate Trustee where a Primary Will and a Secondary Will exist; and
• Applications for a Certificate of Appointment of Estate Trustee for succeeding estate trustees, meaning the replacement of an estate trustee who has died, retired, or been removed by the court.

Estate trustee meaning and why they need a good lawyer:

• An estate trustee is the person legally responsible for taking control of an estate and securing its assets. Estate trustees also deal with the debts of the estate and distribute estate assets.
• Estate trustees have considerable power and discretion, sometimes “absolute discretion”. They also have personal liability for the decisions they make and must use their discretion in the best interests of estate beneficiaries.
• Estate lawyers can assist estate trustees and help avoid expensive mistakes.
• Estate trustees’ reasonable legal fees are paid directly by the estate.

Why call Katzman Estate Law?

• We focus only on estate law and are qualified in handling complicated estate administration and litigation matters.
• We know how to identify and avoid issues that would otherwise delay the administration of an estate or expose an estate trustee to a lawsuit.
• Ontario estate law has existed for over 100 years, but it does change every so often, and new trends develop. Katzman Estate Law remains on top of these changes and trends.
• We do not charge for initial consultations and introduce a plan to you before you are asked for a retainer.

On every file, Katzman Estate Law provides advice on:

• interpreting Wills appropriately;
• avoiding trustee negligence claims and conflicts with beneficiaries;
• advancing matters forward quickly and correctly;
• handling difficult beneficiaries;
• securing an accountant to deal with taxes;
• determining when and how much an estate should distribute to its beneficiaries;
• planning how to approach estate debts; and
• keeping accounts in case they need to reviewed by the court.

At Katzman Estate Law, we understand that our clients are busy people whose lives do not stop just because they act as estate trustees. Our job is to protect our clients, to advise them appropriately, and to make their time as estate trustees as pleasant as possible.

Certificate of Appointment of Estate Trustee Timeline:

• After we are retained, it usually takes us a month or less to file the application for probate.
• The slowest part of the process is the Court’s processing time. It can take months depending on the courthouse.
• Where appropriate, an expedited application can save an estate thousands of dollars and months of delay.

What is the first step?

Call 416-616-4242 or 519-256-7130 for a conversation with a Katzman Estate Law lawyer. We offer consultations without charge and can assist anyone with an Ontario probate matter. We keep our clients up to date with their probate process, what the next step is, and what their obligations are. Before committing to a retainer, we want potential clients to call, test our knowledge, and feel comfortable with us. We want our clients to see first-hand what sets us apart.