What is an 'estate trustee without a will' in Ontario?
"Estate trustee without a will" is Ontario's legal term for the person appointed by the court to administer an intestate estate — the equivalent of an executor for a testate (will-based) estate. This person is sometimes still called an "administrator" in everyday usage. They have the authority and duty to gather the estate's assets, pay its debts and liabilities, and distribute what remains to the beneficiaries identified under the intestacy rules.
Unlike an executor named in a will, an estate trustee without a will must apply to court for their authority before any third party (such as a bank) will recognize their right to act on behalf of the estate. This court process requires filing certain documents and, usually, posting a bond.
The role carries the same responsibilities and potential liability as being an executor. The estate trustee must act in the best interests of all beneficiaries, keep proper accounts, and distribute assets in accordance with the law. A lawyer can assist with the application and guide the trustee through the administration.
Key takeaways
- An "estate trustee without a will" is the court-appointed administrator of an intestate estate.
- They have the same duties as an executor but must obtain court authority first.
- A bond is usually required to protect the estate's beneficiaries.
- Legal assistance is recommended to navigate the application and administration process.