Who Is Responsible for the Deceased's House While Waiting for an Estate Trustee in Ontario?

Legally, the only person with authority over the house is the estate trustee, so until one is appointed no relative has formal power to manage or sell it. When someone dies without a will, the property passes to and vests in their personal representative, who holds it as trustee for the people entitled.

The spouse or common-law partner usually has the first right to apply, and a close adult relative such as a child, parent, grandchild, sibling or niece or nephew can apply after them, with the court choosing the relative it considers most appropriate. The court is not obliged to appoint the person otherwise entitled and may appoint anyone it thinks fit in special circumstances.

What a relative may safely do in the meantime, such as paying for the funeral, arranging insurance or keeping the home secure, depends on the facts and is worth confirming with a lawyer first. Keep records of anything you spend or do, and avoid selling or giving away anything until someone has authority. Moving into the home or letting someone else live there raises the same question, so ask before you do.