Wills and estates

Named as an estate trustee? The first 30 days

If someone named you as the executor in their will, your legal title in Ontario is estate trustee. The first month is mostly about protecting what is there and gathering information. Very little should be paid out or given away yet.

This week

  1. Find the original will. The original signed will is needed for probate, and a photocopy is usually not enough. Check the home, any safety deposit box, and the lawyer who prepared it.

  2. Get proof of death. The funeral home provides a funeral director’s statement of death. Ask for several copies.

  3. Arrange the funeral, or work with the family on it. Reasonable funeral costs are paid from the estate.

  4. Secure the home and valuables. Change the locks if others have keys, move valuables somewhere safe, and keep the home heated and checked.

  5. Call the home and car insurers. Many policies restrict coverage once a home has been vacant for a set period, often 30 days. Ask what the insurer needs to keep coverage in place.

The first month

  1. Notify the government. Report the death to the Canada Revenue Agency and Service Canada so benefit payments stop or transfer, and ask about the CPP death benefit and any survivor’s pension.

  2. Contact the banks and other institutions. Ask each for a list of accounts, investments and debts, with the balance at the date of death. Most will freeze accounts until they see a probate certificate or confirm they do not need one.

  3. List the assets and debts. Record everything the person owned and owed at the date of death. Note which assets pass under the will and which pass outside it, such as jointly owned property and accounts or policies with a named beneficiary.

  4. Redirect the mail and cancel services. Canada Post can forward mail to you. Cancel phone plans, subscriptions, memberships and credit cards.

  5. Keep records from day one. Keep every receipt and statement in one place, and track your time. Estate trustees must account to the beneficiaries.

What not to do yet

  • Do not give money or belongings to beneficiaries, even small items, until the debts and taxes are known.

  • Do not sell property until you know whether probate is needed and who can sign.

  • Do not mix estate money with your own.

Probate in Ontario

Probate is the court process that confirms your authority as estate trustee. Whether you need it depends mainly on what the person owned and how it was held. Banks usually require it for larger accounts, and it is usually needed to sell a home that was in the person’s name alone.

Estate Administration Tax is paid when you apply. There is no tax on an estate of $50,000 or less, and $15 for every $1,000 (or part of $1,000) above $50,000. An estate worth $150,000 or less can use the simpler small estate certificate.

Before applying, notice must be served on the beneficiaries. After the certificate is issued, an Estate Information Return must be filed with the Ministry of Finance within 180 days.

Taxes

The final income tax return is due April 30 of the following year, or six months after the date of death if the person died in November or December. Before the estate is distributed, estate trustees normally ask the Canada Revenue Agency for a clearance certificate, which confirms the person’s taxes are paid.

How I can help

I act for estate trustees in London, Sarnia and across Southwestern Ontario, from the first meeting through probate, the sale of estate property and the final distribution. If you have been named as an estate trustee, get in touch and bring the will, the statement of death and whatever account statements you have.

This page is general information about Ontario law as of September 2026. It is not legal advice about your situation.