What are 'letters of administration' and why might I need them in Ontario?
"Letters of administration" is an older term for what Ontario now formally calls a "Certificate of Appointment of Estate Trustee Without a Will." This is the court document that authorizes a named individual to act as the administrator of an intestate estate. Without this document, third parties such as banks, investment firms, and land registry offices will typically refuse to deal with someone claiming to represent the estate.
The application is made to the Superior Court of Justice. It requires submitting evidence of death, information about the estate's assets, a list of the deceased's heirs, and other prescribed documents. The applicant is usually the person first in line to inherit and must often post a bond.
Financial institutions and other institutions rely on letters of administration (or the equivalent probate document for testate estates) to protect themselves from liability when releasing assets. Even a straightforward intestate estate may require obtaining this document before any steps can be taken to gather or transfer assets.
Key takeaways
- Letters of administration (now: Certificate of Appointment) authorizes an administrator to act.
- Banks, registries, and other institutions require this before dealing with the estate.
- The application is made to the Superior Court of Justice.
- A bond is usually required as security for the estate's beneficiaries.