Can creditors of a deceased person claim against their estate in Ontario?

Yes. An estate — whether testate or intestate — is responsible for the deceased person's debts. Before any beneficiary or heir receives a distribution, the estate administrator or estate trustee must identify and pay all valid debts, including mortgages, credit card balances, income tax owing, and any other outstanding liabilities. Creditors have priority over beneficiaries.

This applies in intestate estates just as it does when there is a will. The intestacy rules determine who inherits what is left after debts are settled. If the estate's debts exceed its assets, heirs receive nothing and may actually receive less than they expected after the process is complete.

Beneficiaries are not personally liable for the deceased's debts simply by inheriting — they are only at risk if they receive assets before debts are paid and there is not enough left to cover creditors. Administrators who distribute assets without paying debts first can be held personally liable. This is one reason why professional legal advice is valuable during estate administration.