TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Home/Articles/Wills & Estates
№ 54 Wills & Estates

The First Steps After Someone Dies in Ontario: A Practical Guide for Estate Trustees

What to do immediately after someone dies in Ontario — notifying authorities, locating the will, securing assets, and beginning the estate administration process.

Wills & Estates5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-06
All articles
Key takeaways
  • Obtain the Medical Certificate of Death In Ontario, a death cannot be registered without a Medical Certificate of Death completed by the attending physician, nurse practitioner, or — in…
  • Where to Look for the Will A will is a legal document — signed, witnessed, and often notarized — that appoints an estate trustee and sets out how the deceased's property is to be…
  • Once the death is registered with ServiceOntario, you can order certified copies of the death certificate directly through ServiceOntario.

Losing someone is never easy. In the hours and days that follow, grief and administrative responsibility arrive together — and the practical demands do not wait. Understanding the first steps after someone dies in Ontario can help you act with confidence, protect the estate, and avoid costly mistakes during an already difficult time.

This guide is written for the person named as estate trustee (sometimes called an executor) or for a family member who has stepped into that role before a will has been located. You do not need to have everything figured out immediately, but certain tasks do need to happen in roughly the right order.

The First 24 to 48 Hours

Obtain the Medical Certificate of Death

In Ontario, a death cannot be registered without a Medical Certificate of Death completed by the attending physician, nurse practitioner, or — in cases of sudden or unexplained death — the Office of the Chief Coroner. This document is distinct from the death certificate you will later obtain from the province; it is the foundational medical record that triggers the official registration process.

If the death occurred in a hospital or long-term care facility, the staff will typically handle this with the attending physician. If the death occurred at home, call 911 and the family doctor. The coroner may also become involved depending on the circumstances.

Contact a Funeral Home

The funeral home you engage plays an important practical role beyond arranging the service. A licensed funeral director will:

You are not obligated to use the first funeral home you contact. It is entirely appropriate to compare prices and services during this period.

Secure the Deceased's Home and Property

If the deceased lived alone, take steps immediately to secure the property. This means:

As estate trustee, you have a legal duty to protect estate assets from loss. Leaving a home unsecured or failing to maintain insurance can expose you to personal liability.

Locating the Will and Identifying the Estate Trustee

Where to Look for the Will

A will is a legal document — signed, witnessed, and often notarized — that appoints an estate trustee and sets out how the deceased's property is to be distributed. Check:

If no will is found, the deceased is said to have died intestate, meaning Ontario's Succession Law Reform Act determines who inherits and who can apply to administer the estate. The rules differ significantly from what many people assume, so legal advice is important in this situation.

What the Estate Trustee's Role Involves

The estate trustee is the person legally responsible for administering the estate. Under Ontario's Trustee Act (the primary statute governing trustee duties), the estate trustee must act in the best interests of the beneficiaries, keep accurate records, and act with the same care a prudent person would exercise in managing their own affairs.

Key duties include: locating and notifying beneficiaries, gathering and valuing assets, paying valid debts and taxes, and ultimately distributing what remains. None of this is instantaneous — estate administration in Ontario commonly takes one to two years for straightforward estates and longer for complex ones.

Getting Certified Copies of the Death Certificate

Once the death is registered with ServiceOntario, you can order certified copies of the death certificate directly through ServiceOntario. Order more copies than you think you need — as of writing, most families order at least five to ten, though your own situation may require more or fewer. Certified copies (not photocopies) are required by:

Keep the originals safe. Certified copies are official documents, and institutions will generally not accept uncertified photocopies.

Notifying Key Institutions

Work through this list methodically. There is no strict deadline on most of these notifications, but acting promptly protects the estate and stops ongoing charges or benefit payments to which the estate is no longer entitled.

Financial institutions: Contact each bank, credit union, or investment firm where the deceased held accounts. Provide a certified death certificate. Accounts held jointly with a right of survivorship typically pass outside the estate; accounts held solely in the deceased's name will be frozen pending administration.

Canada Revenue Agency (CRA): A final T1 return (called a terminal return) must be filed for the year of death. The deadline is generally six months after the date of death or April 30 of the following year, whichever is later — verify the current deadline with CRA or a qualified accountant. Estate tax matters can be complex; we strongly recommend engaging an accountant experienced with estate returns.

Service Canada — CPP and OAS: Notify Service Canada to stop Canada Pension Plan and Old Age Security payments. Overpayments received after death must be returned. You may also be able to apply for the CPP Death Benefit (a one-time lump sum — verify the current amount as it changes) and CPP Survivor's Pension for a surviving spouse.

Employer and group benefits: If the deceased was still employed, contact the employer's HR department. Group life insurance, pension entitlements, and final pay must be accounted for.

Insurance companies: Notify all individual life, health, auto, home, and disability insurers. Life insurance with a named beneficiary passes outside the estate; the beneficiary claims directly.

Creating an Inventory of Assets and Liabilities

Before any distributions can be made — and before you can know whether probate is required — you need a complete picture of what the estate owns and owes. Begin a working spreadsheet or binder that includes:

This inventory becomes the foundation of the estate accounting you will eventually prepare for the beneficiaries and, if required, for the court.

Frequently asked questions

Do I need to go to court to administer an estate in Ontario?

Not always. Probate — formally, a Certificate of Appointment of Estate Trustee issued by the Superior Court of Justice — is required when institutions (like banks or the land registry) will not release assets without it, or when there is a dispute about the will's validity. Many smaller or simpler estates can be administered without probate, but an estate lawyer can advise whether it applies in your case.

How long do I have to file the final tax return for the deceased?

The terminal T1 return is generally due six months after the date of death, or April 30 of the following year, whichever comes later — verify the current deadline with CRA or your accountant, as deadlines can shift. Penalties and interest apply for late filing.

Can I distribute the estate right away?

No. The estate trustee must pay all valid debts and taxes before distributing assets to beneficiaries. Distributing too early can leave you personally liable for unpaid creditors. Waiting at least six months from the date of appointment is a common practice (based on the creditor claims window under Ontario's Trustee Act), though the exact timing depends on the estate's circumstances.

What if I can't find the original will?

A copy of a will may be admitted to probate in certain circumstances, but the process is more complicated and requires a court application. If there is reason to believe a will exists but cannot be located, an estate lawyer can advise on the options.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a wills & estates question

Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.

ContactStart a File →