What does an executor actually do when someone dies in Ontario?
An executor — technically an estate trustee with a will — is responsible for winding up the deceased's affairs and distributing the estate according to the will. The job begins with locating and safeguarding assets, notifying banks and government agencies, and obtaining death certificates.
If the estate requires it, the executor must apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee (commonly called probate). This verifies the executor's authority to deal with financial institutions and real property. Not every estate needs probate — smaller estates or those where assets pass outside the estate (such as joint property or named-beneficiary accounts) may not require it.
Once assets are collected, the executor pays the deceased's debts, files any outstanding income tax returns, and obtains clearance from the Canada Revenue Agency before distributing what remains to beneficiaries. The entire process can take many months to over a year, depending on the complexity of the estate.
Key takeaways
- Executors locate assets, pay debts, and distribute the estate per the will.
- Probate may be needed to confirm the executor's authority.
- CRA clearance is required before final distribution.
- The process routinely takes many months and sometimes longer.