What Can an Estate Trustee Do Before Getting Court Approval in an Intestate Estate in Ontario?

Before a court appoints an estate trustee, a relative generally has no legal authority over the estate. The estate trustee is the only person with legal authority to manage or distribute an estate, and the court's certificate is what gives the authority to manage estate assets and pay estate debts. If there is no will, the spouse or common-law partner usually has the first right to apply, followed by a close adult relative.

That does not mean urgent matters must be ignored. Funeral and burial expenses are paid from the estate before it is distributed, so keep every receipt, but whether and how you are repaid depends on the estate and on who is appointed. Which practical steps are appropriate before anyone is appointed depends on your situation, so it is worth confirming with a lawyer before you take any step that cannot be undone.

Selling, dividing or handing out property is a power of the personal representative. The deceased's property vests in that person, who holds it as trustee for those entitled. How this applies to the house or to large sums depends on your situation, so it is worth confirming with a lawyer before you act.