Bonds
 74.11 (1) Unless the court orders otherwise, (a) the bond required by section 35 of the Estates Act shall be the bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance in Ontario (Form 74L) or of one or more personal sureties (Form 74M); (b) a registrar of the court or a lawyer shall not be a personal surety; (c) a personal surety must be a resident of Ontario who is not a minor; (d) one personal surety is sufficient where the value of the assets of the estate does not exceed $100,000; (e) the security required for a succeeding estate trustee shall be based on the value of the assets of the estate remaining to be administered at the time the application for a certificate of appointment as succeeding estate trustee is made; and (f) the security required for confirmation by resealing of the appointment of an estate trustee, or for an ancillary appointment of an estate trustee, shall be based on the value of the assets of the estate over which the estate trustee seeks jurisdiction in Ontario. O. Reg. 484/94, s. 12; O. Reg. 24/00, s. 13; O. Reg. 575/07, s. 1; O. Reg. 709/21, s. 12. (2) Any person, including a creditor, who has a contingent or vested interest in an estate may at any time, on notice to the estate trustee or applicant for a certificate of appointment of estate trustee or confirmation of appointment, move for an order to have a bond filed or the amount of an existing bond increased or reduced. O. Reg. 484/94, s. 12; O. Reg. 435/22, s. 2 (1). Order Dispensing with Bond or Reducing Bond Amount (3) An applicant for a certificate of appointment of estate trustee or confirmation of appointment may make a motion for an order, (a) under subsection 37 (2) of the Estates Act, dispensing with the requirement to give the bond or reducing the amount of the bond required to be given; or (b) under subsection 52 (3) of the Estates Act, permitting like security to be given covering the assets in Ontario as in the case of an application for a certificate of appointment of estate trustee. O. Reg. 435/22, s. 2 (2). Procedures (4) For greater certainty, Rule 37 applies with respect to a motion referred to in subrule (2) or (3). O. Reg. 435/22, s. 2 (2). Request on Consent (5) An applicant for a certificate of appointment of estate trustee or confirmation of appointment may, in the following circumstances, request an order referred to in subrule (3) without making a motion by filing the documents listed in subrule (6) together with the application for the certificate or confirmation of the appointment (Form 74A, 74J or 74.1A): 1. The request is made on consent of the persons who are entitled to share in the distribution of the estate. 2. None of the persons entitled to share in the distribution of the estate is, i. a minor, or ii. a person who is mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, unless there is a guardian or attorney acting under a power of attorney with authority to act in the proceeding. O. Reg. 435/22, s. 2 (2). (6) The following documents shall be filed together with the application: 1. A draft order (Form 74I). 2. A consent to the order (Form 74H) from each person who is entitled to share in the distribution of the estate. 3. An affidavit (Form 4D) setting out, i. that the application identifies each of the persons entitled to share in the distribution of the estate and the deceased’s last occupation, ii. the debts of the deceased at the time of death, including any obligations under an order or support agreement, and, in respect of each debt, whether the debt has been paid, iii. whether the deceased operated a business at the time of death and, if so, whether any debts of that business have been or may be claimed against the estate and a description of each such debt and its amount, iv. if all the debts of the estate have not been paid, A. the value of the assets of the estate, B. the particulars of each debt of the estate, including the debt amount and the name of the creditor, and C. with respect to each creditor, whether any arrangements have been made with the creditor to pay the debt, and what security the applicant proposes to put in place in order to protect the creditor, v. whether the consents required by paragraph 2 are being filed together with the application, and vi. whether any of the persons entitled to share in the distribution of the estate is, A. a minor, or B. a person who is mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding and without a guardian or attorney acting under a power of attorney with authority to act in the proceeding. O. Reg. 435/22, s. 2 (2).