Can an Executor Access the Deceased's Bank Account in Ontario Before Probate?

You have been named executor, bills are arriving, and the deceased's money is sitting in a bank account you cannot reach. It is natural to ask what the bank will release before you have a court certificate.

The law gives you a clear role, but each bank sets its own paperwork requirements. This article explains your authority, how urgent expenses are generally handled, and what to avoid while you wait.

Who deals with the account after death

A continuing power of attorney for property ends when the person who gave it dies. From the date of death, the estate trustee named in the will, not the attorney, deals with the deceased's property.

If you are the named estate trustee, your duties include finding the will, winding up the deceased's affairs, paying taxes, bills and other debts, and distributing what remains to those entitled. You also do not have to act. If you decline or cannot act, the beneficiaries may nominate someone else.

What the bank will release

What a bank will release before probate depends on the institution, the type of account and the documents you can show. Some accounts are held jointly or have a named beneficiary, and those can be treated differently from an account in the deceased's name alone. A lawyer can confirm how a particular account is likely to be handled.

The practical step is to call the bank, tell it about the death, and ask in writing what it needs before it will deal with you. Ask specifically about paying funeral costs and about whether it will require a certificate of appointment for the balance.

Paying urgent bills while you wait

A trustee who believes an expense is properly incurred in carrying out the trust may pay it directly from trust property, or pay it personally and recover the same amount from trust property.

There is a limit. The Superior Court of Justice may later disallow a payment or reimbursement if it finds the expense was not properly incurred in carrying out the trust. Paying a personal debt of your own from estate money, for example, would be a problem.

• Keep every receipt and invoice for anything you pay.
• Pay only costs that clearly relate to the estate, such as funeral costs or insuring property.
• Note the date and reason for each payment, and the source of the money.
• Ask a lawyer before paying anything large or anything a beneficiary might question.

Mistakes to avoid before probate

Estate trustees must keep accurate records of the assets and transactions in the estate. Good records protect you if a beneficiary later asks questions.

Do not pay yourself compensation early. The Court of Appeal for Ontario has held that a trustee may take compensation before passing accounts only with the agreement of all interested persons who are sui juris, with court approval, or where the will provides for it. If you take too much and the court later approves a lower amount, the difference can be ordered repaid to the estate.

Do not hand out gifts to beneficiaries yet. The legal representative must make sure the deceased's tax returns are filed and any balance owing is paid before distributing the estate. A representative who distributes property without a clearance certificate is personally liable for unpaid tax, up to the value of the assets distributed.

What to do next

• Locate the will and confirm you are the named estate trustee.
• List the accounts, and the bank's requirements for each.
• Contact each bank and ask what it needs before releasing funds.
• Keep a running record of every payment and receipt.
• After you receive a certificate of appointment, plan for the Estate Information Return, due within 180 calendar days.

Frequently asked questions