Can an executor sell or live in the deceased's house before probate in Ontario?
An executor named in the will deals with the deceased's property from the date of death, not an attorney under a power of attorney, because a continuing power of attorney for property ends when the grantor dies. Whether you can complete a sale before receiving a certificate of appointment depends on the facts and on what the buyer and their lawyer will accept, so confirm this with a lawyer before listing.
Executor duties include winding up the deceased's affairs, paying taxes, bills and other debts, and distributing what remains to those entitled. You must keep accurate records of the assets and transactions. A trustee who believes an expense is properly incurred in carrying out the trust may pay it directly from trust property, or pay it personally and recover the same amount from trust property. The Superior Court of Justice may later disallow a payment or reimbursement if it finds the expense was not properly incurred.
Living in the house yourself, or selling it and when, can affect the other beneficiaries, so it is worth getting legal advice first. Once you have a certificate of appointment, you must file an Estate Information Return within 180 calendar days.
Key takeaways
- A continuing power of attorney for property ends when the grantor dies, and the estate trustee named in the will then deals with the property.
- Whether a sale can close before a certificate of appointment depends on the facts and on what the buyer will accept, so confirm it with a lawyer first.
- Estate trustees must keep accurate records of the assets and transactions in the estate.
- A trustee may pay a properly incurred expense from trust property, but the court may later disallow an expense that was not properly incurred.