Authority of Estate Trustee

If there is a will an estate trustee obtains authority to administer the estate from the will. For small estates, there will be no need to for a court application. However, for most estates (those exceeding $25,000 in value), it will be necessary to apply to the court to obtain a Certificate of Appointment as Estate Trustee With a Will (formerly known as “probate”).

A copy of the will, notarized by a lawyer as being a true copy of the original document, will often be sufficient to enable an estate trustee to immediately deal with certain assets, such as bank accounts, though this is in the discretion of the person or institution holding the deceased’s assets. If there is no will, the person who wishes to administer the estate must apply to the court for a Certificate of Appointment as Estate Trustee Without A Will.

The assets of the deceased cannot be dealt with until such appointment is obtained, which often results in regrettable delays in the administration of the estate. Sometimes third parties will accept a statutory declaration from a widow or widower that the estate was only a certain size and that the widow or widower is the only person entitled to the assets of the estate. For example, if the deceased died with little other than an automobile, ownership of the vehicle may generally be transferred to the surviving spouse by such a statutory declaration.