Who Pays the Property Taxes and Utilities on a House After the Owner Dies in Ontario?
Who pays property tax and utilities on a house after the owner dies depends on the facts, but the house is held by the estate trustee and is available to pay estate debts. On death the property passes to and vests in the estate trustee, who holds it as trustee for the people entitled to it. The house is also liable for the deceased's debts, costs and expenses in the same way as personal property.
If the home is a condominium, unit owners must contribute to common expenses, and while the unit is in the estate, the estate as owner remains responsible for these fees. If fees go unpaid, the condominium corporation has a lien against the unit. That lien expires three months after the default unless the corporation registers a certificate of lien within that time.
If the estate does not have enough assets to pay its debts, they are paid proportionately, and a secured creditor such as a mortgage lender keeps its security against the property. How property tax and utility bills are handled in your situation depends on the facts, so keep every bill and receipt and confirm the details with a lawyer.
Key takeaways
- On death the house vests in the estate trustee, who holds it for the people entitled to it.
- The house is liable for the deceased's debts, costs and expenses in the same way as other estate property.
- If the house is a condo, the estate as owner remains responsible for common expenses, and unpaid amounts can become a lien.
- If the estate cannot pay all its debts, they are paid proportionately, and a mortgage lender keeps its security.