EXECUTOR RESOURCES

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Free, plain-language information for Ontario executors, whether you settle the estate yourself or with our help.

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THE ONTARIO EXECUTOR GUIDE

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1. What happens after someone dies

The death is registered and the funeral home usually orders the death certificate. The executor named in the will takes charge of the estate from the date of death, even before probate. The first jobs are to find the will, protect property and make a list of what the person owned and owed.

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2. Executor responsibilities

An executor, called an estate trustee in Ontario, must act honestly, carefully and in the beneficiaries' interest. That means keeping estate money separate from your own, keeping records, paying valid debts and taxes, maintaining the estate property,   and following the will. An executor who distributes too early can be personally liable for what is still owed.

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3. Financial institutions, Investment accounts, Real estate

Each bank and investment firm has its own estate process. Most ask for a death certificate, a copy of the will and proof of the executor's authority. Some release smaller amounts without probate; others require a court certificate. Accounts held jointly or with a named beneficiary usually go directly to that person.

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4. Probate

Probate means applying to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee. Whether it is needed depends on the assets and on what institutions or the land registry require. Estates up to $150,000 can use a simpler small estate process.

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5. Estate taxes

Ontario charges Estate Administration Tax when a certificate is issued: nothing on the first $50,000 and $15 per $1,000 above that. Within 180 days of the certificate, the executor files an Estate Information Return. Separately, the executor files the person's final income tax return and any estate (T3) returns, and usually asks the CRA for a clearance certificate before the final distribution.

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6. Beneficiary communication

Beneficiaries are entitled to know what is happening. Ontario's probate process includes formal notice to beneficiaries, and regular updates prevent most disputes. Write things down and share them on a schedule.

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7. Estate distributions

Once debts and taxes are settled or reserved for, the executor distributes the estate as the will directs. A small holdback is common until the clearance certificate arrives. Beneficiaries normally sign a release when they receive their share.

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8. Closing an estate

The executor prepares a final accounting showing money in and out, collects signed releases, makes final payments and closes the estate bank account. Keep the estate file for several years in case questions come up.

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