How Do You Take Over as Estate Trustee When the Named Executor Has Died or Refuses in Ontario?

If the executor named in a will has died or refuses to act, someone else can usually step in, and the route depends on whether the named person has already started acting. A person named in a will does not have to act, and if they renounce, the estate passes as if they had never been appointed. A named executor who has not joined the application signs a Renunciation on Form 74G, Part A.

Renunciation is generally available only before the person has been appointed or taken steps to administer the estate; after that, stepping aside takes retirement or removal by court order. If a named estate trustee dies or becomes incapable, a replacement can be appointed by court certificate, and an applicant not named in the will needs consents from beneficiaries with a majority interest in the undistributed assets.

Where there is no will, a spouse or a partner the deceased lived with conjugally can apply to be estate trustee, even though a common-law partner does not inherit on an intestacy. The Public Guardian and Trustee may act as a last resort. Court form numbers have changed, so confirm the current ones before filing.