What must an Ontario estate trustee do after receiving probate?
After receiving probate (the Certificate of Appointment of Estate Trustee), the estate trustee's main administrative tasks begin in earnest. The process in Ontario generally follows this sequence.
The trustee must identify, value, and take control of all estate assets — opening an estate bank account, notifying financial institutions, securing real property, and collecting any debts owed to the deceased. They must notify the deceased's creditors of the death and provide a reasonable period for creditors to make claims. This often involves publishing a notice to creditors, which can protect the trustee from personal liability if an unknown creditor surfaces later.
The trustee must file the deceased's final personal income tax return, any prior unfiled returns, and an estate trust return for each year the estate remains open. Obtaining a tax clearance certificate from the Canada Revenue Agency before making final distributions is essential — without it, the estate trustee can be held personally liable for outstanding taxes.
Once taxes are cleared and all debts are paid, the trustee prepares a final accounting showing the estate's receipts, disbursements, and proposed distribution. The residuary beneficiaries sign releases approving the accounts, and the trustee then distributes the estate. Only after distribution and releases are obtained — or a formal passing of accounts — is the trustee's role typically complete.
Key takeaways
- After probate, the trustee collects assets, pays debts, and notifies creditors.
- All required tax returns must be filed and a CRA clearance certificate obtained.
- Final accounts are prepared and beneficiaries provide releases before distribution.
- Distributing before tax clearance creates personal liability for the trustee.