Application for Small Estate Certificate
 74.1.03 (1) A person may seek a small estate certificate by filing an application for a small estate certificate (Form 74.1A) together with, (a) a request to file an application for a small estate certificate or an amended small estate certificate (Form 74.1B); (b) proof of death; (c) a draft small estate certificate (Form 74.1C), with a copy of the will, if any, including any codicils, attached to it; (c.1) any court order directing the issuance of the certificate; (d) if there is a will, the original of the will and of any codicils, attached and marked as an exhibit to, (i) if the will or codicil is not in holograph form, (A) an affidavit of execution (Form 74D) of the will or codicil, (B) if the will or codicil contains an alteration, erasure, obliteration or interlineation that has not been attested, an affidavit as to the condition of the will or codicil at the time of execution (Form 74E), or (C) if each of the witnesses to the will or codicil has died or cannot be found, such other evidence of due execution as the court may require, or (ii) if the will or codicil is in holograph form, an affidavit attesting that the handwriting and signature in the will or codicil are those of the deceased (Form 74F); (e) any security required by the Estates Act; and (f) such additional or other material as the court directs. O. Reg. 111/21, s. 8; O. Reg. 709/21, s. 16 (1-3); O. Reg. 435/22, s. 5. Notification of Other Persons Required Before Filing (2) An application for a small estate certificate may not be filed by a person until at least 30 days after the person has met the requirements of subrules (3) to (7), as applicable. O. Reg. 111/21, s. 8. Notification Requirements (3) The applicant shall send or give the following documents to every person entitled to share in the distribution of the estate, including charities and contingent beneficiaries: 1. The application for a small estate certificate (Form 74.1A), including any attachments. 2. If there is a will, i. in the case of a person entitled only to a specified item of property or a stated or determinable amount of money, a copy of the will and of any codicils, or of the applicable portion of the will or codicil, or ii. in the case of any other beneficiary, a copy of the will and of any codicils. O. Reg. 709/21, s. 16 (4). Same, Minor (4) If a person who is entitled to share in the distribution of the estate is less than 18 years of age, the documents listed in subrule (3) shall not be sent to the person but shall instead be sent or given to a parent or guardian and to the Children’s Lawyer. O. Reg. 111/21, s. 8; O. Reg. 248/21, s. 15. Unborn or Unascertained Persons (5) If there may be unborn or unascertained beneficiaries, the documents listed in subrule (3) shall be also sent or given to the Children’s Lawyer. O. Reg. 111/21, s. 8. Mentally Incapable Person (6) If a person who is entitled to share in the distribution of the estate is mentally incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, the documents listed in subrule (3) shall also be sent or given, (a) if there is a guardian with authority to act in the proceeding, to the guardian; (b) if there is no guardian with authority to act in the proceeding but there is an attorney under a power of attorney with authority to act in the proceeding, to the attorney; or (c) if there is neither a guardian nor an attorney with authority to act in the proceeding, to the Public Guardian and Trustee. O. Reg. 111/21, s. 8. Children’s Lawyer, Public Guardian and Trustee (6.1) If under subrule (4), (5) or (6), the documents listed in subrule (3) are required to be sent or given to the Children’s Lawyer or the Public Guardian and Trustee and there is a will, the applicant will send or give, in addition to a copy of the will and of any codicils, a statement of the estimated value of the interest in the estate of the adult described in the application as lacking capacity or the minor, as the case may be, if that value is not disclosed in the application. O. Reg. 709/21, s. 16 (5). Method of Sending Documents (7) Documents to be sent to a person under this rule shall be sent to a person either by e-mail to the person’s last known e-mail address or by mail or courier to the person’s last known address. O. Reg. 709/21, s. 16 (6).