Don't Want to Be Executor? How to Renounce in Ontario

Being named as an executor in someone's will can feel like an order, especially during a hard time for your family. It is not one. You are being offered a job, and you are allowed to say no.

This article explains how an executor in Ontario can step aside, what the paperwork looks like, what it means for you, and how the estate keeps moving afterwards. It also covers what can happen when a named executor simply does not respond.

You do not have to act

Ontario government guidance says a person named in a will does not have to act as estate trustee. If the named trustee declines or cannot act, the beneficiaries may nominate someone else.

Executor and estate trustee mean the same role in practice. Common reasons for declining include distance, health, time, a strained relationship with other family members, or simply not wanting the responsibility. You do not need to justify the decision to anyone, though it helps to tell the family early so they can plan.

What renouncing means and how it is done

Under section 34 of the Estates Act, an executor named in a will who renounces probate loses all rights as executor. The estate then passes as though that person had never been named.

A renunciation is made on Form 74G (Part A). A separate part of the same form, Form 74G (Part B), is a consent to someone else's appointment. These are different things, so check which one you are signing. Rule 74.04(1) requires renunciations from people who are entitled to act but are not joining the application.

Renunciations and consents on Form 74G are among the documents listed in the probate application checklist. Ask whoever is preparing the application how your form should be signed. A lawyer can confirm the details for your situation.

What happens to the estate afterwards

Renouncing does not stop the estate from being administered. It changes who does it. Depending on the will, there may be a co-executor or an alternate named who can apply. If the named trustee declines, the beneficiaries may nominate someone else.

If a named executor refuses to prove the will, or there is no will, section 29 of the Estates Act lets the court grant administration to the deceased's spouse or common-law partner, to the next of kin, or to both, as it thinks best. Where several next of kin are equally related, the court may choose one or more of them.

Letters of administration cannot be granted to a person who does not live in Ontario, except when a grant is resealed under section 52 of the Estates Act.

Bonds when the applicant was not named

A person who is granted administration must give a bond to the judge of the court making the grant. The bond is generally for double the sworn value of the estate, though the judge may reduce it or dispense with it.

Ontario guidance says a bond is required if there is no will, if the applicant was not named as estate trustee, or if the applicant lives outside Ontario, another Canadian province or territory, or a Commonwealth country. Personal sureties must be adult Ontario residents: two if the estate is over $100,000, one if it is $100,000 or less.

There is an exception for a surviving spouse when there is no will. No bond is required when an intestate estate is granted to the surviving spouse, the net value is within the preferential share, and an affidavit of debts is filed.

There is also an exception for small estates. No bond is required for a small estate unless a beneficiary is a minor or is incapable within the meaning of section 6 of the Substitute Decisions Act, 1992. The small-estate amount is $150,000.

If a named executor stays silent

Sometimes a named executor neither accepts nor renounces, and the estate stalls. Under section 24 of the Estates Act, the court may summon a named executor to prove the will or refuse to prove it. Under Rule 74.15(1)(a), anyone with a financial interest may move for an order requiring a person to accept or refuse appointment as estate trustee.

If you are the named executor and you do not want the role, a signed renunciation is a cleaner route than ignoring the situation and risking a court motion.

What to do next

• Decide whether you want the role, and tell the family or the other named executors promptly.
• Find out who else is named in the will, such as a co-executor or alternate.
• Ask whoever is preparing the application for Form 74G and confirm you are signing Part A, not Part B.
• Keep a copy of what you sign.
• Avoid taking steps on the estate's behalf until you have decided, and ask a lawyer if you have already done so.
• Get legal advice if the family disagrees about who should act or if a bond is likely to be needed.

Frequently asked questions