An estate trustee might not be able to start administering the estate right away. A death certificate might have to be provided together with a certificate of appointment of estate trustee (with or without a will), previously known as probate certificate.
However, some surviving family members may start accessing parts of the estate assets intended for another beneficiary. This can lead to disputes.
Obtaining certificate of appointment of estate trustee is an important step for the estate trustee to provide beneficiaries with their rightful inheritance. However, once the application for certificate of appointment is filed, it make take as long as 2 or even 3 months before the Court grants the certificate of appointment.
If you are concerned that estate assets have been accessed before the certificate of appointment has been issued, consult an estate litigation lawyer. He or she will be able to tell you if your inheritance has been affected, and how protect your rights to inheritance.
How Do You Obtain A Death Certificate?
In order to obtain the certificate of appointment (previously known as probate certificate), sufficient proof of death to prove to the courts that the testator of the will has indeed passed away.
To obtain a death certificate:
- The coroner will complete a Medical Certificate of Death and submit it to the funeral director along with the body.
- A family member or next of kin, and funeral director, then complete a Statement of Death with the deceased's personal information.
- The Statement of Death and Medical Certificate of Death must then be submitted to the Province to register the death.
- Once the death has been registered with the Province, you can then apply for an official Death Certificate
The Statement of Death completed by the funeral director is generally sufficient proof of death for the purpose of application for certificate of appointment.
Why Is A Death Certificate Necessary?
In some scenarios, the funeral director's proof of death may be enough to allow certain institutions to release ownership rights to an estate trustee. But in other cases, the official certificate may be required for the estate trustee to successfully acquire the estate's property.