What Happens to the Deceased's Pets: Executor Duties in Ontario

When someone dies and leaves a dog, cat, bird or other animal behind, the animal still needs food, shelter and care that same day. Often there is no note, no will clause and no obvious person to call. The family is grieving, and the question of who is in charge can feel unclear.

This article explains how the executor's role generally fits with a pet left behind, what a landlord must do if the deceased was a tenant, and how to think about cost. The law on pets in an estate depends heavily on the facts, so where the answer is not clear, this article says so rather than guessing.

Who is in charge when there are no instructions

The person with legal authority over the estate is the estate trustee, often called the executor when named in a will. The estate trustee carries out the will's terms and administers the estate under the law, which includes winding up the deceased's affairs and collecting assets.

Being named in a will does not force anyone to act. A person named as executor is not required to take on the role. If you are named but have not decided, think carefully before making large decisions on the estate's behalf, and get advice on whether you are comfortable acting.

In the first days, before anyone has formal authority, the practical need is simply that the animal is looked after. A family member, neighbour or friend can often provide temporary care while the estate is sorted out. Temporary care is not the same as a permanent decision about who keeps the pet.

How a pet fits into the estate

An estate trustee's duties include dealing with what the deceased owned and distributing the residue to those entitled. That is the framework in which a pet is considered. Whether the will says anything about the animal, and whether someone is named to receive it, will shape what happens.

How the law treats an animal, and what an executor can or must do about one, depends on the facts and the wording of the will. If the will is silent, or family members disagree about who should keep the animal, it is worth speaking with an estates lawyer before anyone is given the pet or the animal is rehomed.

• Check the will for any wording about pets, a caregiver or money set aside for the animal.
• Look for vet records, licences, microchip details and medication instructions.
• Ask whether anyone has already agreed informally to take the animal, and write down what was agreed.
• Hold off on rehoming or surrendering the pet permanently until the executor has confirmed who has authority.

Who pays for the pet's care

The estate pays its debts before the residue is distributed. Under a will, distribution follows liquidation of assets and payment of funeral and burial expenses and any debts. Estate trustees pay taxes, bills and other debts as part of administering the estate.

Whether pet care costs such as boarding, vet bills or food are treated as an estate expense, or are something the caregiver must absorb, depends on the circumstances and the will. Do not assume you will be repaid. If you are paying out of pocket, keep every receipt and talk to the executor before spending large amounts.

If the executor does use estate money, that spending may later be reviewed. An estate trustee files accounts verified by affidavit when passing accounts, and interested persons can serve a notice of objection. Clear records protect everyone involved.

If the deceased was a tenant

When a tenant dies and there are no other tenants, the tenancy ends 30 days after the death, although the landlord and the estate's representative can agree to different terms. During those 30 days the landlord must leave the deceased tenant's property in the unit and give the estate's representative reasonable access to the unit and complex to remove it. Unsafe or unhygienic items, such as rotting food, may be disposed of right away.

After 30 days the landlord may sell, keep or dispose of the property. The estate can claim the property or sale proceeds, less rent and the landlord's out-of-pocket expenses, for up to six months after the death, but property already disposed of cannot be reclaimed. These rules do not say how a living animal is treated, so an animal in a rented unit is urgent: contact the landlord immediately and arrange care rather than waiting for the 30 days to pass.

What to do next

• Make sure the animal is fed, safe and seen by a vet if needed.
• Find the will and confirm who the estate trustee is.
• Keep receipts for all pet-related spending.
• If the deceased rented, contact the landlord within days and note the 30-day period.
• Put any agreement about who keeps the pet in writing.
• Speak with an estates lawyer if the will is unclear or relatives disagree.

Frequently asked questions