Can an executor sell the deceased's house in Ontario without beneficiary approval?
It depends on what the will says and on the facts, so an executor should confirm with a lawyer before listing the house. An executor's duties include winding up the deceased's affairs, paying taxes, bills and other debts, and distributing what remains to those entitled.
Beneficiaries are not left without protection. A person who appears to have a financial interest in the estate may apply to court for directions, and the court may set the issues to be decided. A person with a financial interest may also move for an order requiring the estate trustee to pass accounts.
Estate trustees must keep accurate records of the assets and transactions in the estate, so keep the listing, offers and closing documents. On a passing of accounts, the judge can inquire into any complaint, including misconduct or neglect causing loss, and may order payment to the estate. Any person who appears to have a financial interest in an estate may apply to court for directions, and the court may set the issues to be decided and may appoint an estate trustee during litigation.
Key takeaways
- An estate trustee's duties include winding up the deceased's affairs, paying debts and distributing what remains to those entitled.
- A person who appears to have a financial interest in an estate may apply to court for directions.
- Estate trustees must keep accurate records of the assets and transactions in the estate.
- On a passing of accounts, the judge can inquire into a complaint, including misconduct or neglect causing loss, and may order payment to the estate.