The First 30 Days: What an Ontario Executor Must Do Before Probate

Almost nothing in the first month of an estate requires a court certificate, and one thing in it carries a 60-day priority window. That combination catches people out. Executors often wait for probate before doing anything, and by the time the certificate arrives the house has been uninsured for six weeks, government payments have continued into a restricted account and become repayable, and the window to apply first for the CPP death benefit has closed. This article covers what to do in the first 30 days, in the order the estate actually needs it.

The First 72 Hours

Locate the original will. Not a copy. Check the home, a safe, a safety deposit box, the drafting lawyer's office, and any estate planning file. The original has to be filed with the court, and an estate where the original cannot be found becomes a different and far more expensive proceeding.

Order multiple death certificates. A funeral director can issue a statement of death, and an official death certificate can be requested from the Registrar General. Order more than you think you need, and ask each institution what evidence of death it accepts. Several will require an original or a certified copy for their own file.

Secure the property. Lock the home, remove valuables, and take a dated photographic inventory before anyone visits. This single step prevents a large share of the accusations that surface between siblings months later.

Call the insurer. This is the most urgent item on the list and the one most often missed. Many home insurance policies restrict or void coverage on a property that becomes unoccupied, commonly after around 30 days, though the period is set by the policy itself. Tell the insurer the owner has died and get the vacancy position in writing. An uninsured fire in an empty house is the worst outcome available in estate administration.

Do not use your own money for anything you can avoid. Where you must, keep every receipt. Executors are entitled to reimbursement from the estate for properly incurred expenses, but only with records.

Week One: Notifications

Service Canada. Notify them promptly so Canada Pension Plan and Old Age Security payments stop. Payments issued for any period after the month of death must be repaid, and money that keeps arriving in a frozen account becomes a debt the estate has to settle rather than a windfall.

Canada Revenue Agency. The CRA needs to be notified of the death and of who is acting, and benefit payments such as the GST credit and Canada Child Benefit need to stop.

ServiceOntario. The health card and driver's licence should be cancelled.

Financial institutions. Notifying a bank generally restricts the deceased's accounts, which is both necessary and inconvenient. It stops fraud and unauthorised withdrawals. It also stops the automatic payments that were keeping the utilities and the mortgage current, so identify those before you make the call and work out how they will be covered.

Employers and pension administrators. Workplace pensions, group life insurance, and outstanding pay all need to be claimed, and several have their own deadlines.

Insurers. Life insurance with a named beneficiary pays directly to that person and does not enter the estate. It is often the fastest money available to a family and the executor is not required to wait for probate to point beneficiaries at it.

The CPP Death Benefit and the Executor's 60-Day Window

The Canada Pension Plan death benefit is a one-time payment to the estate of a deceased contributor, and the executor is first in line to claim it.

How much it is. For deaths on or after January 1, 2025, the benefit consists of a basic amount of $2,500 plus a possible top-up of $2,500, to a maximum of $5,000. The top-up is the piece most guides omit, and it reaches a narrower group: the deceased must qualify for the death benefit, must never have received a CPP or Quebec Pension Plan retirement pension, disability benefit, or post-retirement disability benefit, and must not leave a surviving spouse or common-law partner eligible for a survivor's pension. Where those conditions are met, the estate is entitled to $5,000 rather than $2,500.

Who qualifies. The deceased must have contributed to the Canada Pension Plan for at least one-third of the calendar years in their contributory period, with a minimum of three years, or for at least ten calendar years.

The 60-day point. Where an estate exists, the executor named in the will or appointed by the court should apply within 60 days of the date of death. If the executor does not apply, the benefit may be paid instead to others in a set order of priority: the person or institution that paid the funeral expenses, then the surviving spouse or common-law partner, then next of kin. Missing the window does not destroy the claim, but it can send the money somewhere other than the estate.

How to apply. Online through a My Service Canada Account, or on paper using Form ISP1200. Payment takes roughly six to twelve weeks from the date Service Canada receives a complete application.

Tax treatment. The death benefit is taxable. It is not reported on the deceased's final return, and depending on who receives it, it is reported either on the estate's return or by the individual recipient.

Weeks Two to Four: Building the Estate Picture

This is the month's real work, and all of it happens before any certificate exists.

Inventory every asset at date-of-death value. Bank accounts, investments, registered plans, real property, vehicles, business interests, and personal effects. You need values as at the date of death, supportable with statements or appraisals, because those figures drive both the probate application and the Estate Administration Tax.

Record how each asset is held. Sole name, joint with survivorship, or with a named beneficiary. This single column determines what enters the estate, what the tax is calculated on, and whether an application is needed at all.

Identify the debts. Mortgages, credit cards, lines of credit, tax owing, and any support obligations. Do not pay anything beyond urgent property expenses yet.

Ask each institution what it requires. A short, specific question to each bank and registry about what they need to release the asset. Their answers, collectively, tell you whether you are applying for probate and under which stream.

Work out the tax exposure. Once you have a total for the probatable estate, the probate tax calculator on our homepage will give you the Estate Administration Tax figure, which is payable as a deposit when the application is filed.

What Not to Do in the First 30 Days

Do not distribute anything. Not the cash, not the jewellery, not the car, however clear the will is and however much a beneficiary needs it. Distribution before debts, taxes, and claims are resolved is the fastest route to personal liability.

Do not close accounts or sell assets. Confirm what each institution or registry requires for the specific asset before you attempt either, and note that premature sales create both legal and tax problems.

Do not promise a timeline. Beneficiaries will ask when they will be paid. The honest answer is that a straightforward Ontario estate commonly runs twelve to eighteen months to final distribution, and that the certificate is an early step rather than a late one.

Do not empty the safety deposit box alone. Where a box needs opening before authority exists, arrange it with the institution and with a witness present.

The risk in the first month is not asset complexity. It is the executor who, trying to be kind, hands something to a beneficiary before the estate's debts, taxes, and possible claims are known. That distribution cannot be recalled, and the exposure it creates is personal.

Frequently Asked Questions

What should an executor do first in Ontario?

Find the original will, order several death certificates, secure the home and its contents, and contact the property insurer about the vacancy position. Those four steps protect the estate and none of them requires a court certificate.

How long do I have to apply for the CPP death benefit?

The executor has priority for 60 days from the date of death. After that, the benefit may be paid to whoever applies next in priority order, starting with whoever paid the funeral costs, so the claim is not lost but the money can bypass the estate.

How much is the CPP death benefit?

For deaths on or after January 1, 2025, it is a basic $2,500 plus a possible $2,500 top-up, to a maximum of $5,000. The top-up applies only where the deceased never received a CPP or QPP retirement or disability benefit and leaves no spouse or partner eligible for a survivor's pension.

Do I need probate before I start administering the estate?

No, and waiting for it is a common and costly mistake. Securing property, notifying institutions, gathering valuations, and claiming the death benefit all happen before any certificate exists. Do not sell estate assets or make distributions until you have confirmed what authority is required for the asset and dealt appropriately with the estate's debts, taxes, and claims.

Should I notify the bank right away?

Yes, but plan for it first. Notifying the bank generally restricts the accounts, which protects the estate from unauthorised withdrawals and also stops the automatic payments covering the mortgage, utilities, and insurance. Identify those payments and arrange for them before you make the call.

What happens to government payments that arrive after the death?

They have to be repaid. Canada Pension Plan and Old Age Security payments for any period after the month of death are not the estate's to keep, which is why notifying Service Canada early matters.

The first month sets up everything that follows, and most of it is documentation you will be asked for later. Our 10-Step Executor Emergency Checklist covers this first phase in order, and our executor checklist for Ontario carries the sequence on from here to final distribution. If you would rather have someone confirm you have not missed anything, book a free call.

This article provides general information about Ontario law and is not legal advice. Speak with a lawyer about your specific circumstances.