What is the Certificate of Appointment

The Certificate of Appointment of Estate Trustee (formerly called Probate) is a grant from the Courts certifying that the will you have is the last will and confirming your status as Estate Trustee with full legal power to execute the will.

This process can take some time and there are costs involved. If the deceased had set up their estate in such a way that all assets automatically went directly to the beneficiaries on death, then probate may not be necessary. Your lawyer will help you determine if Probate is necessary.

The most common assets that do not require Probate are cash and real estate. The family home is generally jointly owned so on death of one owner, the property automatically is passed on to the survivor. An older parent on their own, may add grown children on title to avoid probate.

The Certificate of Appointment will also protect the Estate Trustee against unknown parties coming forward at a later date with a claim against him or her.

Once you have prepared an inventory of assets and a list of debts and obligations, your lawyer can submit the application. After the probate tax is paid to the court, the Certificate will be granted and at that point, you can administer the estate under your power as Estate Trustee.

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