1. Fill out the application

To probate a will, use Form 74.4 Certificate of Appointment of Estate Trustee with a Will. The Certificate proves that the will is valid and that the estate trustee has the right to deal with the estate.

You apply for the Certificate at the Superior Court of Justice in the area where the person lived or owned real property.

The application asks for a lot of information, including:

• where and when the person died,
• details about whether they were single, married, or divorced, and
• the value of the estate.

This means you have to find and value all assets and debts of the estate. If some assets, like real estate, art or jewellery need to be valued, you have to arrange that. Assets are valued based on their fair market value on the date of the person’s death. Fair market value is the amount a reasonable person would pay. Make sure you keep copies of any estimates you get by experts or appraisers.