Executor Checklist Ontario: Steps for Estate Administration
An executor checklist provides a structured roadmap to navigate the estate administration process, helping you fulfill your duties while avoiding costly mistakes and potential personal liability. The role requires careful attention to deadlines, legal requirements, and beneficiary needs.
Serving as an executor can feel overwhelming, especially during a time of grief. From securing assets and obtaining probate to managing debts and distributing inheritances, the process involves multiple phases.
Our guide breaks down the executor process into manageable phases, covering everything from immediate tasks after death to final estate closure. We'll help you understand your role, manage assets, handle creditors, and ensure proper distribution to beneficiaries while meeting Ontario legal requirements.
Understanding the Executor Role in Ontario
In Ontario, an executor is legally called an "estate trustee with a will" and has specific duties under provincial law. Not everyone can serve in this role, and the responsibilities differ from other estate administrators.
Who Can Serve as an Executor
To serve as an executor in Ontario, you must meet certain basic requirements. You must be at least 18 years old and mentally capable of handling the responsibilities.
You cannot serve if you have certain criminal convictions. The court may also refuse your appointment if you are not suitable for the role.
Key eligibility requirements:
Must be 18 years or older
Mentally competent
No disqualifying criminal convictions
Resident of Ontario (preferred but not required)
The person who wrote the will usually names one or more executors. If multiple executors are named, all can act together or some may renounce their right to serve.
Banks and trust companies can also serve as executors, which is common for large or complex estates.
Duties and Legal Responsibilities
Executors have many legal duties. These responsibilities can last months or even years depending on the estate's complexity.
Our first duties happen within days of death. We must locate the will and secure the deceased person's property and valuables.
Immediate responsibilities include:
Finding and reviewing the will
Obtaining death certificates
Notifying beneficiaries
Securing assets and property
Arranging funeral (if needed)
We must handle financial matters quickly. This means freezing bank accounts and notifying credit card companies and other financial institutions.
Ongoing legal duties:
Apply for probate if required
Pay all valid debts and taxes
Manage estate assets properly
File tax returns
Distribute assets according to the will
We are personally liable if we make mistakes or act improperly. Beneficiaries can sue us if we breach our duties.
Executor vs. Estate Trustee and Administrator
Ontario law uses specific terms that differ from common language. What most people call an "executor" is legally an "estate trustee with a will."
Estate administration roles:
| Role | Legal Term | When Appointed |
|---|---|---|
| Executor | Estate Trustee with a Will | When there is a valid will |
| Administrator | Estate Trustee without a Will | When someone dies without a will |
An administrator handles estates when there is no will and follows Ontario's intestacy laws. Both estate trustees and administrators have similar duties, but administrators must distribute assets according to provincial law.
The court appoints administrators through a different application process. Family members usually apply in order of priority set by law.
First Steps After Death
When someone dies in Ontario, we need to act quickly to handle several urgent matters. These initial tasks protect the estate and ensure proper care for the deceased.
Locating the Will and Key Documents
The first thing we must do is find the deceased person's will. Check their home office, filing cabinets, safe deposit box, or safety deposit box at their bank.
We might find the original will with their lawyer or stored at a trust company. Some people keep copies at home while the original stays with their legal advisor.
Important documents to gather:
Original will and any codicils
Previous versions of wills
Marriage certificates
Divorce papers
Birth certificates
Insurance policies
Bank statements
Read the will carefully to understand your duties as executor. If the language seems unclear, get legal help right away.
Sometimes there are multiple wills. We must find all versions to make sure we're working with the most recent valid document.
Arranging Funeral and Burial
As executor, we have the legal right and duty to arrange the funeral and burial. This responsibility belongs to us, not the family members.
Check if the deceased made pre-arranged funeral plans. Look for funeral contracts or instructions in their personal papers.
Key funeral tasks:
Choose a funeral home
Decide on burial or cremation
Plan the service details
Order flowers if wanted
Arrange for obituary notices
The costs must be reasonable. We can make final decisions about the arrangements, even if we cannot follow every wish the deceased had.
If family members disagree with our choices, we still have the legal authority to proceed. The estate will pay for reasonable funeral expenses.
Obtaining the Death Certificate
We need to get an official death certificate from the funeral director. This document proves the person has died and we use it for many estate tasks.
The funeral home usually handles registering the death with the province. They will give us a Proof of Death Certificate that we can use right away.
Order several copies of the death certificate. Most banks, insurance companies, and government offices will ask for an original copy.
Places that typically require death certificates:
Banks and credit unions
Life insurance companies
Pension plan administrators
Government agencies
Investment firms
Keep the original death certificates in a safe place. We'll need them throughout the estate administration process.
Notifying Family and Key Parties
We must tell close family members about the death as soon as possible. This includes the spouse, children, parents, and siblings of the deceased.
Next, contact their employer, doctor, and any close friends. Notify people who need to know quickly.
Important parties to notify:
Immediate family members
Close friends
Employer or business partners
Family doctor
Accountant or financial advisor
Insurance agent
Start a list of people who will need formal notification later, such as banks, credit card companies, and government agencies.
Don't share detailed information about the estate or will contents yet. Simply inform people that you are the executor and will be in touch about estate matters.
Managing an estate can feel overwhelming. To help you understand the process, we’ve prepared a guide on Passing of Accounts Ontario: Essential Steps & Legal Process that breaks everything down into clear, simple steps.
Securing and Managing Estate Assets
One of your first responsibilities as an executor is to locate, secure, and properly manage all estate assets. This involves protecting the deceased's property and creating a complete inventory of assets.
You also need to establish proper financial accounts for estate administration.
Securing Property and Personal Belongings
We must immediately secure all physical assets to protect them from theft, damage, or loss. Change the locks on the deceased's home and ensure security systems remain active.
Contact the insurance company to maintain property coverage. Some policies may have specific clauses about vacant homes that require notification within a certain timeframe.
Key items to secure include:
Jewellery and valuables
Important documents and records
Vehicles and recreational equipment
Business assets or equipment
Contents of safety deposit boxes
Store valuable personal property in a secure location. Consider using a safety deposit box or secure storage facility for high-value items until distribution occurs.
Document everything you remove or secure. Take photographs and create detailed lists to protect yourself and maintain proper estate records.
Identifying and Valuing Estate Assets
We need to create a complete inventory of all estate assets for probate and tax purposes. This process requires thorough investigation and sometimes professional assistance for accurate valuations.
Real estate requires professional appraisal to determine fair market value. Contact licensed appraisers who specialize in the property type and location.
Personal property valuations depend on the item:
Vehicles: Use Canadian Black Book or similar resources
Jewellery and art: Require certified appraisers
Household items: Estimate fair market value
Collectibles: Consult specialty appraisers
Investment accounts and bank balances need date-of-death valuations. Contact each financial institution to obtain statements showing values as of the date of death.
Don't forget about digital assets, including cryptocurrency, online accounts, and stored value cards.
Managing Financial Accounts and Insurance
We must open an estate bank account to manage all financial transactions during estate administration. This account operates under the deceased's name with "Estate of" designation.
Steps to establish the estate account:
Bring the will and death certificate to the bank
Complete estate account application forms
Obtain estate account number and cheques
Transfer funds from the deceased's personal accounts
Notify all financial institutions about the death immediately. This freezes personal accounts and prevents unauthorized transactions.
Contact life insurance companies to begin claim processes. Most policies require death certificates and completed claim forms.
Pension and benefit claims to address:
Canada Pension Plan death benefits
Old Age Security final payments
Employer pension plans
Union benefit plans
Cancel credit cards and automatic payments to prevent ongoing charges to estate funds. Some recurring payments may need to continue, such as utilities and mortgage payments, until property disposition occurs.
Initiating Estate Administration
The formal estate administration process begins with determining probate requirements and obtaining legal authority. We must also notify relevant institutions and government agencies to ensure compliance with Ontario law.
Assessing the Need for Probate
Not all estates require probate in Ontario. We need to examine the deceased's assets carefully to determine if a Certificate of Appointment is necessary.
Probate is typically required when:
Real estate is solely in the deceased's name
Bank accounts exceed $25,000 to $50,000 (varies by institution)
Investment accounts need to be transferred
Life insurance proceeds exceed $50,000
Probate may not be needed for:
Joint bank accounts with right of survivorship
Assets with named beneficiaries
Small estates under financial institution thresholds
Each bank and financial institution has different policies. Contact them directly to confirm their requirements before proceeding.
Applying for Certificate of Appointment
When probate is required, we apply to Ontario's Superior Court of Justice for a Certificate of Appointment of Estate Trustee.
Required documents include:
Original will and any codicils
Application for Certificate of Appointment (Form 74.4 or 74.5)
Affidavit of Service of Notice
Complete inventory of assets and debts
Estate Administration Tax calculation
We must pay the Estate Administration Tax before filing.
The tax is $5 per $1,000 for estates under $50,000, and $15 per $1,000 for amounts over $50,000.
The application process usually takes 4-8 weeks.
Once granted, the certificate gives us legal authority to manage all estate assets.
Notifying Government and Institutions
We must inform government agencies and institutions about the death to prevent fraud and ensure proper estate handling.
Key notifications include:
Canada Revenue Agency for tax purposes
Service Canada for pension and benefit cancellations
Ontario Ministry of Health for health card cancellation
Elections Canada to remove from voter lists
We need to notify financial institutions immediately to freeze accounts.
Contact all banks, credit unions, and investment firms within the first week.
Notify insurance companies promptly, especially for life insurance claims.
Most policies have specific time limits for filing claims.
Managing Debts, Taxes, and Creditors
As executor, you must identify all creditors and pay valid debts before distributing assets to beneficiaries.
You also need to file final tax returns and get clearance from the Canada Revenue Agency to protect yourself from future liability.
Advertising for and Notifying Creditors
You must search for creditors and give them a chance to make claims against the estate.
This protects you from unknown debts surfacing later.
Post a notice in the local newspaper where the deceased lived.
The notice should state that creditors have a specific time period to submit claims, usually 30 to 60 days.
Contact known creditors directly including:
Mortgage companies
Banks and credit unions
Utility companies
Insurance providers
Medical practitioners
Legal and accounting firms
Review all mail and financial statements carefully.
Look for bills, invoices, and payment notices that arrived after death.
Keep detailed records of all debts you find.
You must pay valid debts before distributing assets to beneficiaries.
Cancelling Credit Cards and Subscriptions
Cancel credit cards immediately to prevent unauthorized charges and extra fees.
Contact each credit card company by phone, then follow up in writing.
When you cancel credit cards, ask about:
Outstanding balances
Credit insurance coverage
Automatic payments linked to the cards
Rewards points that can be transferred
Cancel recurring subscriptions and services such as:
Streaming services and cable
Gym memberships
Magazine subscriptions
Phone and internet services
Insurance policies no longer needed
Some services may require a death certificate to cancel without penalties.
Others might refund unused portions of annual fees.
Document all cancellations and keep confirmation numbers.
This helps prevent future billing disputes.
Filing Final Tax Returns and Obtaining the Clearance Certificate
You must file the deceased's final tax return by April 30th of the following year or six months after death, whichever is later.
Required tax filings may include:
Final personal income tax return
Rights or Things return (if beneficial)
T3 Trust returns for estate income
Pay all taxes owed immediately.
The Canada Revenue Agency can assess penalties and interest on late payments.
Apply for a clearance certificate from the Canada Revenue Agency before distributing assets.
This certificate confirms all taxes have been paid.
Without a clearance certificate, you remain personally liable for any unpaid taxes.
The application process usually takes 2 to 4 months.
Submit your clearance certificate application with copies of all filed returns and proof of payment for taxes owed.
Distributing the Estate to Beneficiaries
The distribution phase involves reading the will to identify all beneficiaries and their entitlements.
We transfer assets according to the deceased's wishes and set up any testamentary trusts specified in the will.
Reading the Will and Identifying Beneficiaries
We review the will to understand each beneficiary's entitlement.
The will typically contains specific bequests for personal property and instructions for distributing the remaining estate.
Specific Bequests include items like jewellery, furniture, or vehicles given to named individuals.
We identify each item and its intended recipient.
Residuary Beneficiaries receive what remains after specific bequests and debts are paid.
The will should state how we divide the residue among these beneficiaries.
We create a detailed list showing:
Each beneficiary's name and contact information
Their specific entitlement from the will
The estimated value of their inheritance
Important: We must obtain proper receipts from beneficiaries when they receive their inheritance.
This protects us from future claims and provides proof of proper distribution.
Transferring Assets and Closing Accounts
We distribute personal property according to the will's instructions.
Items like family heirlooms, furniture, and personal belongings go to their designated recipients first.
Financial accounts require different procedures.
We transfer bank account balances and investment holdings to beneficiaries based on their entitlements.
Some accounts may transfer directly, while others need to be liquidated first.
Real estate transfers involve preparing new deeds and registering ownership changes.
We may need to sell property if the will requires equal cash distributions among beneficiaries.
We must obtain signed releases from all beneficiaries before making distributions.
These documents protect us from future liability and confirm beneficiaries accept their inheritance.
Estate account closure happens last.
We pay any remaining expenses, distribute final amounts, and close the estate bank account once all beneficiaries receive their entitlements.
Establishing Testamentary Trusts
Some wills create testamentary trusts for specific beneficiaries.
These trusts usually benefit minor children or provide ongoing income to spouses or dependants.
Trust setup requires us to follow the will's instructions.
We must identify the trustee, beneficiaries, and trust terms.
The will usually specifies how to invest trust assets and when to make distributions.
Asset transfer to the trust happens according to the will's provisions.
We transfer designated assets from the estate to the trust and ensure proper legal documentation.
Ongoing administration may continue for years.
If we serve as trustees, we must manage investments, file annual trust tax returns, and make distributions according to the trust terms.
We should consider professional help for complex trusts.
Trust administration involves ongoing legal and tax obligations that require specialized knowledge.
Final Reporting and Closing the Estate
The final phase of estate administration requires completing detailed financial accounts and properly closing all estate banking arrangements.
These steps provide closure for beneficiaries and formally end your duties as executor.
Preparing Final Accounting for the Estate
We prepare estate accounts that detail every financial transaction during our administration.
These accounts show all assets we collected, debts we paid, and distributions we made to beneficiaries.
The final accounting includes several key components:
Opening inventory of all estate assets at fair market value
All receipts including investment income, asset sales, and other funds collected
All payments for debts, taxes, administration expenses, and distributions
Final balance showing remaining estate funds
We provide these accounts to all beneficiaries before making final distributions.
In Ontario, beneficiaries have the right to review and approve the accounts.
If beneficiaries disagree with our accounts, we may need to apply to court for approval.
The court will review our work and decide if we managed the estate properly.
We organize receipts and bank statements chronologically.
This makes it easier for beneficiaries to follow our decisions.
Executor Compensation and Reimbursement
We can claim reasonable compensation for our work as executor.
In Ontario, executor fees typically range from 2.5% to 5% of the estate value, depending on the complexity of our duties.
Factors affecting compensation:
Size of the estate
Time spent on administration
Complexity of assets and beneficiary arrangements
Special skills required
Results achieved
We must get approval from beneficiaries or the court before taking our fee.
It's best to discuss compensation early in the process to avoid disputes later.
We can also claim reimbursement for out-of-pocket expenses.
These include legal fees, accounting costs, property maintenance, and travel expenses related to estate duties.
Important: We must report executor compensation as taxable income on our personal tax return for the year we receive it.
Closing the Estate Bank Account
We close the estate bank account only after completing all distributions and ensuring all cheques have cleared.
This final step marks the end of our estate administration duties.
Before closing the account, we must:
Confirm all beneficiaries received their distributions
Verify all estate debts are paid
Obtain tax clearance certificates from Canada Revenue Agency
Complete final accounting
We should keep a small holdback amount until we receive the tax clearance certificate.
This protects us from unexpected tax liabilities.
After closing the account, we write a final report to beneficiaries.
This report summarizes the entire estate administration and confirms that our duties are complete.
Keep all estate records for at least six years after closing.
We may need these documents for tax purposes or if questions arise later.
Conclusion
Being an executor in Ontario involves many tasks and legal requirements.
The checklist provided covers the essential steps you need to complete during estate administration.
Following a systematic approach helps ensure you fulfill all your duties properly.
Missing important deadlines or steps can create legal issues and delays for beneficiaries.
Estate administration requires attention to detail and knowledge of Ontario probate laws.
At Probate Law Group, we understand the challenges executors face when managing estates.
Our legal team can guide you through each phase of the process, from probate applications to final distributions.
Don't navigate executor duties alone.
Visit probatelawgroup.ca to connect with our estate law specialists who can provide the support you need to complete your responsibilities with confidence.
Frequently Asked Questions
Executors in Ontario face many questions about their duties and timelines.
Most executors need to complete tasks within specific deadlines while managing assets worth potentially thousands of dollars.
What are the initial steps an executor needs to take in Ontario?
Within 30 days of death, secure the deceased's property and valuables, locate and review the will, get 10-15 copies of the death certificate, notify immediate family and beneficiaries, handle funeral arrangements if needed, notify and freeze all bank accounts, contact investment firms, cancel credit cards, stop recurring payments, and notify pension plan administrators and life insurance companies.
What does an executor need to do in Ontario?
Determine if probate is needed and apply for Certificate of Appointment of Estate Trustee if required, open an estate bank account and transfer funds, arrange professional appraisals and valuations, file final personal income tax return and T3 trust returns, advertise for creditors and pay valid debts, prepare detailed accounting with beneficiary approval, and distribute assets according to the will before closing estate accounts.
What is a typical executor fee in Ontario?
Ontario has no set executor fee by law, but executors generally receive 5% of the estate's total value (2.5% for handling money in and out, 2.5% for other duties). Complex estates may justify higher fees, and discussing compensation with beneficiaries early helps avoid disputes.
How long does an executor have to settle an estate in Ontario?
Most estates take 6 to 18 months to complete, though complex estates may take longer. Key deadlines include final tax return due April 30th following death or 6 months after death (whichever is later), Rights or Things return due one year from death, and estate T3 returns due 90 days after estate year-end.
What does an executor need to do first?
Immediately secure all property and assets from loss or theft, find and review the original will for any updates, obtain multiple death certificates for various tasks, and notify banks and financial institutions to freeze accounts and prevent unauthorized access.
What does an executor have to disclose to beneficiaries in Canada?
Provide detailed estate accounting covering all assets, debts, income, and expenses, allow beneficiaries access to estate records and documents, report any conflicts of interest or personal benefits from estate decisions, provide regular updates on major decisions and timeline changes, and obtain beneficiary approval of final accounting before distribution.