What Does an Executor Do? Step-by-Step Duties in Ontario

If someone has named you as their executor — or estate trustee, as Ontario law calls the role — your first reaction might be equal parts honour and anxiety. The role matters enormously to the people left behind, but it also involves a year or more of paperwork, deadlines, and decision-making during what is already a difficult time.

This article breaks the executor's job into clear stages so you know what's coming. Executor duties in Ontario are governed mainly by the Trustee Act and the Estates Act, as well as the Income Tax Act at the federal level. The list is long but manageable — especially if you hire the right professionals to help.

Before You Do Anything: Secure the Situation

Immediate steps (first 48–72 hours)

• Obtain the death certificate (the funeral home arranges this; you will need multiple certified copies)
• Locate the will — check the deceased's files, safe, safe-deposit box, and with their lawyer
• If the deceased lived alone, secure the home and ensure perishables and pets are looked after
• Do not distribute anything yet — not even personal mementos — until you understand the full picture

Notify key people

Contact immediate family members, the deceased's lawyer, financial advisor, and employer (if applicable). Notify Canada Post to redirect mail; this will surface bills and assets you might otherwise miss.

Stage 1 — Assess Whether Probate Is Required

Probate (called a Certificate of Appointment of Estate Trustee in Ontario) is a court process that validates the will and confirms your authority to act. Not every estate needs it: assets that pass by beneficiary designation (RRSPs, TFSAs, life insurance, joint property with right of survivorship) typically bypass probate.

However, most financial institutions and land registries require probate before they will release assets or register a transfer. You'll need to:

1. Prepare an estate information return listing the value of all assets
2. Pay Ontario's estate administration tax (colloquially called "probate fees") — as of writing, the rate is calculated on the value of assets that pass through the estate (verify the current rate with the Ministry of Finance)
3. File the probate application in the Superior Court of Justice

Allow several weeks to several months for the certificate to issue, depending on the court's current workload.

Stage 2 — Gather and Protect Estate Assets

Once you have authority to act, your job is to take control of everything the deceased owned:

• Bank accounts: present the death certificate and certificate of appointment; request a date-of-death balance statement for tax purposes
• Investment accounts: work with the broker or advisor to liquidate or transfer holdings according to the will
• Real property: do not allow the property to sit vacant without insurance; notify the insurer immediately — most home policies have a vacancy clause that can void coverage after 30 days
• Personal property: document and photograph valuables; obtain appraisals for items of significant value
• Business interests: if the deceased owned shares in a corporation or a partnership interest, get legal advice quickly — these have their own succession rules

Keep a detailed log of everything you find, what it was worth at death, and what you did with it.

Stage 3 — Identify and Pay Debts and Taxes

You cannot distribute the estate to beneficiaries until all valid debts and taxes are paid. Distributing early and then discovering an unpaid debt can make you personally liable for the shortfall.

Advertise for creditors

Ontario's Trustee Act allows an executor to advertise for creditors and, after a reasonable period, distribute without personal liability for unknown claims. Skipping this step is risky.

Final income tax return (the "terminal return")

File the deceased's final T1 personal tax return for the year of death. Depending on the assets, you may also need to file:

• A T3 Trust return for income earned by the estate after death
• Returns for prior years if the deceased was behind on filing

The Canada Revenue Agency must issue a Clearance Certificate before you make final distributions. Without it, you can be held personally liable for any taxes the deceased owed.

Other debts

Pay funeral expenses, mortgages, credit cards, personal loans, and any other valid debts from estate funds. If debts exceed assets, the estate is insolvent and you should get legal advice immediately.

Stage 4 — Distribute the Estate

Only after debts and taxes are settled can you distribute what remains. Follow the will precisely:

• Transfer real property by registering a deed or transmission in the Land Registry
• Transfer investment accounts or cash to beneficiaries
• Distribute personal property (furniture, jewellery, vehicles) as directed
• If a beneficiary is a minor, hold their share in trust until they reach the age specified in the will (or the age of majority under Ontario law if not specified)
• If a beneficiary cannot be located, you may need to pay their share into court

Passing accounts

Any beneficiary or co-executor can demand that you pass accounts — a formal court process where you present a detailed accounting of every receipt and disbursement. Many estates settle this informally with a signed release from all beneficiaries. Keep receipts for everything.

Stage 5 — Final Executor's Compensation

Ontario law entitles executors to fair and reasonable compensation. Courts have historically applied a guideline of approximately 2.5% on capital and revenue receipts and 2.5% on capital and revenue disbursements, plus an annual care-and-management fee for estates held for longer periods — as of writing; verify current judicial practice. You may also be reimbursed for all out-of-pocket expenses.

Compensation is taxable income to you and must be reported on your personal tax return.

Frequently asked questions