Executor Checklist for the First 30 Days After a Death in Ontario

If you have just been named executor, the first weeks can feel like a flood of tasks while you are also grieving. The good news is that most of the work does not have to be done in the first month. What matters now is making a decision about the role, securing things, and understanding which deadlines are coming.

This checklist puts the steps in a sensible order. It is general information for Ontario, and every estate is different, so a lawyer or accountant can confirm what applies to yours.

Week one: decide, find the will, protect what exists

Start with whether you want the job. A person named as estate trustee is not required to act. If you are unsure, get advice before you take steps that look like accepting the role.

Next, confirm what will exists. Ontario's checklist includes checking whether a will exists, including asking the estates division of the local court if a will was filed. Then take practical steps:

• Obtain several copies of the death certificate.
• Locate the original will and keep it safe.
• Secure the home, vehicles and valuables, and make sure the property is insured.
• Keep mail flowing to you so nothing is missed.
• Open a notebook or folder to record everything you do and spend.

If the deceased had an attorney under a continuing power of attorney, that authority ends: a continuing power of attorney terminates when the grantor dies, so the attorney can no longer act on the grantor's accounts. The attorney should also keep their accounts and records until certain events occur, including the death and delivery of the accounts and records to the personal representative, so ask for them.

Weeks one to three: notify and list

Ontario's checklist includes informing banks and financial institutions of the death, and contacting the Family Responsibility Office if support was being paid. At the same time, start a list of assets and debts.

The type of asset matters later for tax and probate. Ontario real estate and accounts held at a financial institution normally mean the estate has to be probated. Some items, such as RRSPs, RRIFs and TFSAs with beneficiary designations, are excluded when working out the value for estate administration tax. Note which is which as you go.

Tax deadlines to put in the calendar now

The final income tax return is on Ontario's early checklist. Its due date depends on when the person died. If death was between January 1 and October 31, the return is due April 30 of the following year. If death was between November 1 and December 31, it is due six months after the date of death. Any balance owing is due on the same date. A late return with a balance owing carries a penalty of 5 per cent plus 1 per cent per full month late, to 12 months.

If the deceased or their spouse or common-law partner carried on a business, the filing date is June 15 of the following year for deaths from January 1 to December 15, though the payment date does not change. For deaths from December 16 to December 31, it is six months after death.

The estate itself may have to file a T3 return, due 90 days after the trust's tax year-end. A graduated rate estate can choose a non-calendar year-end and keeps that status for up to 36 months after death. Because that choice affects timing, talk to an accountant early.

What can wait, and what must not be rushed

Probate itself usually follows once you have gathered the information. The estate trustee named in the will typically applies for the certificate. The court document is a Certificate of Appointment of Estate Trustee or, for estates valued at $150,000 or less, a Small Estate Certificate. Estate administration tax is paid when the application is filed, based on value at the date of death. There is no tax if the estate is $50,000 or less, and above that it is $15 for each $1,000 or part over $50,000.

After the certificate, an Estate Information Return must be filed within 180 calendar days, even if the estate is worth $0. Missing it or making false statements can bring a fine of at least $1,000 and up to twice the tax payable, up to two years in prison, or both.

Do not rush distributions. A legal representative must obtain a clearance certificate before distributing property, and one who distributes without it is personally liable for unpaid amounts up to the value distributed. CRA says to request it after filing the returns, receiving the notices of assessment and paying or securing all amounts owing, and not to send it with the returns. It acknowledges within 45 days and the assessment can take up to 120 days.

Also avoid selling real estate until you know what proof of authority a buyer's lawyer will want. A will alone does not by itself prove authority to transfer land, so ask a lawyer.

What to do next

• Decide whether to act as executor, and get advice if unsure.
• Find the will, get death certificates and secure the property.
• Notify banks and other financial institutions, and the Family Responsibility Office if relevant.
• List assets, debts and which accounts have beneficiary designations.
• Note the final return and any business-related dates in a calendar.
• Speak to an estates lawyer about probate and an accountant about the T1 and T3 returns.
• Keep a record of everything you do and spend; do not distribute anything yet.

Frequently asked questions