My Uncle died without a will. I am his only living relative. What happens now?
Depending on the assets held by the deceased, you may need to file an “Application for a Certificate of Appointment of the Estate Trustee Without a Will
” with the Court.
This application form can get very complicated. Here are some considerations of this application process:
1. You must be an Ontario resident to apply.
2. All of the following information must be completed on the court forms, and must be consistent with the different forms filed:
a. date of death;
b. occupation of the deceased (prior to retirement);
c. occupation of the estate trustee(s), and addresses.
3. All persons entitled to a share in the estate must be served a Notice of an Application for a Certificate of Appointment of Estate Trustee Without a Will, or provide the court with an explanation as to why a person has not been served, (e.g. address unknown, person has died).
If you need help preparing the Application forms, contact us for help.