How Long Should an Executor Wait Before Paying Out an Estate in Ontario?

There is no single waiting period that applies to every estate in Ontario. On an intestacy (no will), no distribution may be made until one year after the death, subject to the creditor-notice protection in the Trustee Act. The executor's year is a common practice rather than a statutory rule for estates with a will.

Other deadlines can also matter. For married spouses, no distribution may be made within six months of the death unless the surviving spouse consents in writing or the court authorizes it. A dependant's support application cannot be made more than six months after the grant of letters probate or letters of administration, though the court may allow one at any time for any part of the estate still undistributed.

Distributing too early is risky. Once served with notice of a dependant's support application, the personal representative must not distribute unless everyone entitled to apply consents or the court orders it, although they may still make reasonable advances for support. One who distributes in breach of this rule is personally liable to pay the amount distributed. Because the right timing depends on the facts, speak with a lawyer before paying out.