Probate Checklist for Executors/Estate Trustees in Ontario
Being named an Executor (also known as an “Estate Trustee”) is an important role that comes with serious responsibilities. Understanding probate - the legal process that officially recognizes your authority to handle the deceased’s estate - can be intimidating. This straightforward guide provides you, the Executor/Estate Trustee, with clear steps to successfully navigate probate in Ontario.
What Exactly is Probate in Ontario?
Probate in Ontario means obtaining a Certificate of Appointment of Estate Trustee, a document issued by the court that verifies your role as the Executor/Estate Trustee. With this certificate, you have the legal authority to manage and distribute the deceased person’s assets.
Executor/Estate Trustee's Step-by-Step Probate Checklist
1. Collect Essential Documents
Right away, gather key documents such as:
Original Last Will and Testament
Official Death Certificate (usually provided by the funeral home)
Information on all assets and debts (bank accounts, investments, real estate deeds, insurance policies)
2. Inform Relevant Parties
You’ll need to notify:
Banks and financial institutions
Government departments (Canada Revenue Agency, Service Canada)
Creditors (utilities, credit cards, loans)
3. Value All Assets
Get an accurate valuation of the estate’s assets, including:
Real estate appraisals
Investment valuations (stocks, bonds, mutual funds)
Personal property (vehicles, jewellery, art, collectibles)
4. Probate Application Process
File the following documents at the Superior Court of Justice in the area where the deceased lived:
Application for Certificate of Appointment of Estate Trustee with a Will
The original will and any amendments (codicils)
Affidavit of Execution (confirming the signing of the will)
Notice of Application for Certificate of Appointment
Estate Information Return (Form 9955)
5. Paying Probate Fees
Ontario probate fees, known as Estate Administration Tax, depend on estate value:
Estates over $50,000: $15 for every $1,000.
Submit the Estate Information Return within 180 days of obtaining the Certificate.
6. Secure and Administer Assets
After probate is granted, quickly secure and manage estate assets:
Transfer funds to an estate account and close personal accounts
Ensure properties and vehicles are properly insured
Manage investments responsibly
7. Clear Debts and Taxes
Settle all outstanding debts and collect formal acknowledgments of payment.
File the final income tax return and pay any taxes due to the CRA.
8. Distribute the Estate
Once debts and taxes are paid:
Prepare a final estate report summarizing all transactions.
Distribute assets according to the will.
Obtain signed receipts from beneficiaries acknowledging they’ve received their inheritance.
Looking for Guidance on Probate?
We understand that probate can seem overwhelming. At Mariotti Law Group, our experienced estate lawyers are here to guide you through every step, making the process as straightforward as possible. Contact Mariotti Law Group today to book your personalized consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice or create a solicitor-client relationship. For personalized advice, please consult Mariotti Law Group directly.