In the realm of Ontario’s legal procedures, a certificate of appointment of estate trustee goes by the common term “probate.” It plays a pivotal role in the management of an individual’s estate after their passing.
When an estate trustee opts to apply for this certificate, it initiates a process wherein anyone with doubts regarding the validity of the will has the opportunity to voice their objections. Until these objections are duly resolved, the court refrains from issuing the certificate. Additionally, the court meticulously confirms that the will in question is indeed the last known will of the deceased.
For those third parties who find themselves engaging with the estate trustee, such as those involved in property sales or investment matters, the certificate assumes paramount importance. It serves as irrefutable evidence of the estate trustee’s authority to execute these actions.
However, it’s crucial to recognize that not every estate trustee is automatically mandated to obtain a certificate. The necessity for such documentation hinges on the composition of the estate and the identities of the beneficiaries.
Seeking legal counsel can be immensely beneficial when determining whether a certificate is requisite for an estate trustee’s situation. It’s worth noting that in certain regions of Ontario, the process of acquiring this certificate can be a protracted affair. Therefore, it’s advisable to consult with a legal expert early in the estate management process to minimize any potential delays that might arise if a certificate becomes necessary.