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Wills & Estates

What happens if an executor dies before finishing administering the estate in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

If the sole executor named in a will dies before completing the estate administration, the estate cannot simply be left unmanaged. The question of who continues the administration depends on the circumstances.

If the will names an alternate executor, that person steps in. If no alternate is named and the deceased executor had already obtained probate, the position may vest in the deceased executor's own estate — meaning the executor of the executor's estate steps in — but this can become complicated and is not always workable.

The most practical step is often for an interested party — a residuary beneficiary or the next of kin — to apply to the Ontario Superior Court of Justice to be appointed as a replacement estate trustee. The court has authority to fill the vacancy and get the estate administration back on track. This underscores the importance of naming an alternate executor in every will and keeping the appointment current.

Key takeaways

  • An alternate executor named in the will can step in if the primary executor dies.
  • Without an alternate, the court can appoint a replacement estate trustee.
  • The position may pass to the deceased executor's own estate in some circumstances, creating complexity.
  • Naming an alternate executor in your will avoids this complication.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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