What are the main duties of an estate trustee when someone dies without a will in Ontario?
The estate trustee without a will (administrator) has significant legal duties. First, they must apply to court and obtain formal appointment before acting. Once appointed, they must identify all of the estate's assets and liabilities, gather and safeguard assets, and notify relevant parties including potential heirs and creditors.
The administrator must pay all valid debts — including income tax — before distributing anything. They must keep detailed accounts of all transactions and be prepared to produce these records for beneficiaries or the court if asked. Distribution must follow Ontario's intestacy formula exactly.
The role carries personal liability. An administrator who distributes assets incorrectly, fails to pay debts, or acts in their own interest rather than the estate's can be sued by beneficiaries or creditors. Because the role is complex and legally demanding, many administrators work with an estate lawyer to ensure each step is handled properly.
Key takeaways
- The administrator must be court-appointed before taking any action on the estate.
- Duties include identifying assets, paying debts and taxes, and distributing to heirs.
- Detailed accounts must be kept and made available to beneficiaries.
- Administrators are personally liable if they make incorrect distributions or miss debts.