Securing the Deceased's Home and Changing Locks as Executor

When someone dies, their home often sits empty while several people still have keys. Relatives want to collect keepsakes, valuables are inside, and nobody is sure who is allowed to decide what happens next. That uncertainty is where family disputes tend to start.

This article explains, in general terms, how an executor (called an estate trustee in Ontario) approaches securing a home and controlling access. Whether you can change the locks depends on your legal authority and on who owns or lives in the property, so a lawyer can confirm your position before you act.

Who is responsible for the home?

Estate trustees carry out the terms of the will and administer the estate under the law. That includes winding up the deceased's affairs, collecting assets, paying taxes, bills and other debts, and distributing what remains to the people entitled to it. How this applies to the home and its contents depends on your situation, so it is worth confirming with a lawyer.

A person named as executor in a will is not required to act. Until you have decided to accept the role, it is sensible to avoid taking steps that commit you or that could later be questioned. Real property that does not pass by right of survivorship generally needs probate, so formal authority over a house may depend on whether a court appointment is needed. Ask a lawyer how that applies to your situation.

Practical steps to secure the property

Even before the paperwork is settled, most people take sensible, low-risk steps to protect the home. The goal is to prevent loss, damage and arguments, not to start dividing things up.

• Make sure doors and windows are locked and the home is checked regularly.
• Collect any keys you can find and ask relatives to tell you honestly who else holds one.
• Photograph or video each room as you found it, including valuables, so there is a dated record.
• Remove only small, high-risk items such as cash, jewellery or key documents, and write down what you took and where it is stored.
• Redirect or collect the mail and keep an eye out for bills and notices.
• Keep the heat, utilities and basic upkeep going so the property does not deteriorate.
• Find the will, deeds, insurance papers and recent statements and keep them together.

Check with the home's insurer about what coverage applies while the home is empty. Policies differ, and the rules about vacancy are in the policy itself, so read it or ask the insurer directly.

Changing the locks and managing family access

Changing locks is often reasonable when many keys are out there and valuables are inside. But whether you can do it safely depends on facts such as who owns the home, whether someone else lives there or co-owns it, and what authority you hold at that point. If a spouse or another person still lives in the home, changing the locks could create a serious conflict. Speak with a lawyer first in that case.

If you do change the locks, treat it as protecting the estate rather than taking control for yourself. Tell the close family what you are doing and why, offer supervised visits so people can retrieve items that matter to them, and keep a log of who entered and what they took.

• Agree a time for family to visit together, rather than allowing separate unsupervised visits.
• Ask people not to remove anything until the will has been reviewed.
• Record any item someone says was promised to them, and note it for the estate's advisers to review.
• Keep a written list of everything the estate pays for, such as a locksmith, because you may need to account for it.

Do not distribute belongings too early

Under a will, distribution follows the liquidation of assets and the payment of funeral and burial expenses and any debts. Giving items away early can leave the estate short and can expose you to complaints from other beneficiaries.

If there is a surviving spouse, extra care is needed. A spouse who wants an equalization payment under the Family Law Act must file an Election of Surviving Spouse no later than six months from the date of death. The Land Registration bulletin also states that no distribution of the estate should be made within six months of death unless the surviving spouse consents in writing or the court authorizes it. A sale of land is not barred in that period, but the proceeds cannot be distributed during it. Because a spouse's rights may be affected, it is worth confirming with a lawyer how this applies to your situation before you distribute anything.

If the deceased was a tenant

If the deceased rented their home and there are no other tenants, the tenancy ends 30 days after the death, though the landlord and the estate's representative can agree to different terms. The rules about belongings are different from those for an owned home.

A landlord who follows the rules and takes reasonable care is not liable. These rules do not apply to a deceased owner of a mobile home, where the estate takes over the tenancy. Tribunals Ontario has announced amendments to the Residential Tenancies Act, so confirm the current rules before relying on these time periods.

What to do next

• Decide whether you will act as estate trustee, and get advice on what authority you have over the home.
• Secure the property and record its contents before anyone removes items.
• Contact the home insurer and read the policy about unoccupied homes.
• Tell the family how access will work and keep a written log.
• Hold off on giving away belongings until debts and any spouse's rights have been dealt with.
• See a lawyer promptly if there is a dispute, a spouse living in the home, or a co-owner.

Frequently asked questions