Estate Administration

If there is no Will, the process is called “Intestacy.” A family member must apply to the court to be appointed as the Estate Trustee Without a Will. The assets are then distributed according to the fixed rules of the Succession Law Reform Act, which may not be what the family expects.

Yes. Under the Trustee Act, an Estate Trustee is generally entitled to “fair and reasonable” compensation for their time and effort. This is typically calculated as a percentage of the estate (often up to 5%), but it must be approved by the beneficiaries or the court.

Within 180 days of receiving a Certificate of Appointment, the Estate Trustee must file an Estate Information Return with the Ontario Ministry of Finance. This document provides a detailed list of all assets and their values to confirm that the correct amount of Estate Administration Tax (probate fee) was paid.

Part of our service is advising on the notification of creditors. This often involves placing a “Notice to Creditors” to ensure that any unknown debts are brought forward. If an Estate Trustee fails to do this, they might face claims from creditors long after the money has been given to beneficiaries.

Yes. If you distribute assets to beneficiaries before paying the estate’s taxes or creditors, you could be held personally liable for those debts. This is why legal advice is critical to ensure you obtain a “Tax Clearance Certificate” before final distribution.

The timeline varies depending on the complexity of the estate and the current backlog at the court. Generally, it takes several weeks to gather the necessary info to apply, and once submitted, the court may take anywhere from 4 to 12 weeks to issue the Certificate of Appointment

An Estate Trustee has a “fiduciary duty” to act in the best interests of the estate and its beneficiaries. Duties include arranging the funeral, notifying creditors, filing final tax returns, protecting assets (like a vacant house), and providing a full accounting of the estate’s finances.

Not always. Probate is generally required if the deceased owned real estate (that wasn’t in joint tenancy) or held significant assets in a bank that refuses to release them without court certification. If the estate is small or all assets were held jointly with a surviving spouse, probate may not be necessary.

This is the modern term for “Probate.” It is a document issued by the Ontario Superior Court of Justice that confirms a person has the legal authority to act as the Estate Trustee (Executor). Most banks and land registry offices require this before they will release funds or transfer property.

Estate Administration is the legal process of managing a deceased person’s affairs. This includes identifying assets, paying off debts and taxes, and distributing the remaining inheritance to the beneficiaries according to the Will or Ontario law.