Executor Checklist for Ontario: The Estate Trustee's Guide

In Ontario the executor is called an estate trustee, probate means applying for a court certificate, and a provincial tax comes with its own return. This executor checklist for Ontario covers the role, the route check, the legal deadlines and the usual order of the work.

The estate trustee's role in Ontario

The estate trustee is the person named in the will, often still called the executor, or the person the court appoints when there is no will or no named trustee can act. Where there is no will, the spouse or common-law partner usually has the first right to apply. Only the estate trustee has legal authority to manage or distribute the estate.

The job is to gather the assets, pay debts and taxes, and distribute what is left, keeping detailed accounts. Beneficiaries can ask the court to require the estate trustee to pass, or formally approve, those accounts.

Do you need a certificate? The route check

Probate is not always needed. Whether it is depends mostly on the assets and on what banks, other institutions or the land registry ask for. Real property and assets held by a financial institution normally require it.

Applications go to the Superior Court of Justice in the county or district where the deceased lived.

Deadlines to put in your calendar

The Estate Information Return is required even if the estate value is $0, and failing to file it can lead to a fine of at least $1,000. Different T1 dates apply where the deceased or their spouse or common-law partner was self-employed.

The executor checklist for Ontario, step by step

1. Get death certificates from ServiceOntario and find the will.
2. Cancel the health card and driver's licence through ServiceOntario.
3. Tell Service Canada and the CRA so CPP, OAS and benefits stop.
4. Value the estate at the date of death. Assets with a named beneficiary, joint assets passing by survivorship and real estate outside Ontario are left out, and debts such as credit cards and funeral costs are not deducted.
5. Serve the application on the beneficiaries and file proof of service (Form 74B or 74B.1).
6. File the application and pay Estate Administration Tax as a deposit.
7. File the Estate Information Return within 180 days of the certificate.
8. Collect assets and pay debts. Ask for written proof of each claim; estate trustees commonly publish a Notice to Creditors and Claimants.
9. File the tax returns and get a clearance certificate from the CRA with Form TX19 before distributing.
10. Respect the waiting periods, then distribute.

Estate Administration Tax and federal taxes

Ontario's probate tax applies only when a certificate is issued. For applications made on or after 1 January 2020, there is no tax on estates valued at $50,000 or less; above that, it is $15 for every $1,000, or part of $1,000, of the value above $50,000. A $200,000 estate pays $2,250. Court fees are separate; check the current schedule.

Canada has no federal estate or inheritance tax. The deceased's income to the date of death is taxed on the final return, and estate income afterwards goes on a T3 trust return. Without a clearance certificate, you can be personally liable for unpaid tax up to the value of what you distributed.

When to get professional help

A lawyer is not legally required to apply for a certificate or administer an estate in Ontario. Ontario recommends one for complex matters such as disputes, contested wills, dependant support claims, spousal elections or a motion about a bond.

The Steady Executor Ontario Estate Trustee Kit has five files: a user guide covering the process, deadlines and a final checklist; an Excel executor workbook that calculates legal deadlines from your dates and tracks assets, debts, the estate account and distributions; financial letters for banks or credit unions, insurers, plan providers and creditors; services and agencies letters for utilities, landlords, employers and government organizations; and beneficiary letters with a receipt form.

Sources

• Apply for probate of an estate (ontario.ca)
• Probate of a small estate (ontario.ca)
• Estate Administration Tax (ontario.ca)
• Administering estates (ontario.ca)
• What to do when someone dies (ontario.ca)
• Filing and payment due dates for a deceased person (CRA)
• Clearance certificate (CRA)
• CPP death benefit (Service Canada)