2. Give notice

A Form 74.17 Notice of an application for a certificate of appointment of estate trustee without a will must be given to all beneficiaries before you can file your application at court. This is called service or “serving your documents”. It lets the beneficiaries know what you’re doing and gives them a chance to respond to your application. A majority of these beneficiaries must agree to your application.

This means you must identify who all the beneficiaries of the estate are under the intestacy rules, and get their addresses so that you can give them a copy of the Notice. You must also attach a copy of the will to the Notice.

If any beneficiary is under 18, you must give Notice to the Office of the Children’s Lawyer and their parent or guardian. If any beneficiary is mentally incapable, you must give Notice to the Office of the Public Guardian and Trustee.

Once you give Notice to all beneficiaries, you must fill out a Form 74.16 Affidavit of Service of Notice as proof of service. This form must be sworn or affirmed. This means you promise that the information in it is true. It is against the law to not tell the truth when swearing or affirming an affidavit.