- An estate trustee is a fiduciary who must act in the best interests of the estate and its beneficiaries.
- - [ ] Change or secure the locks on the deceased's home, especially if multiple people had keys or the death was unexpected - [ ] Confirm the home insurance policy is still active and…
- It's common for a family member to hesitate at this stage, worried that acting before a court appoints them formally means they have no authority to do anything.
Grief doesn't pause for paperwork, but an empty house does not protect itself. Before you can think about probate applications, tax returns, or dividing an inheritance, an executor's very first job is to secure the deceased's property immediately after death in Ontario — because a home or vehicle left unattended, even briefly, can be a target for theft, vandalism, or accidental damage that ends up reducing what the estate is actually worth.
You do not need a Certificate of Appointment to take these first protective steps. As the person expected to become the estate trustee, acting promptly and reasonably to preserve estate property is part of the role from day one.
Why This Step Can't Wait
An estate trustee is a fiduciary who must act in the best interests of the estate and its beneficiaries. That duty starts as soon as someone begins acting in that role, not once a court certificate is in hand. An unsecured house, an uninsured vehicle sitting in a driveway, or valuables left in a home other family members have keys to can all create losses that come directly out of what beneficiaries eventually receive — losses that were often entirely avoidable.
First-Days Checklist
- [ ] Change or secure the locks on the deceased's home, especially if multiple people had keys or the death was unexpected
- [ ] Confirm the home insurance policy is still active and understand what it does and doesn't cover for an unoccupied property
- [ ] Remove or secure obviously valuable items — jewellery, cash, important documents, firearms, collectibles
- [ ] Locate the original will and any powers of attorney, and store them safely
- [ ] Arrange for mail to be redirected or regularly collected so bills and notices aren't missed
- [ ] Note and photograph the condition of the property and its contents as a record for the estate
- [ ] Check on pets, perishable food, and anything time-sensitive inside the home
- [ ] Notify utility providers of the situation so services aren't unexpectedly cut off or left running unnecessarily
- [ ] Move or secure any vehicles, and confirm their insurance is still valid
- [ ] Keep a written log of who has accessed the property and when, starting immediately
Getting Access If You Aren't Sure You're Allowed To
It's common for a family member to hesitate at this stage, worried that acting before a court appoints them formally means they have no authority to do anything. In practice, someone reasonably expected to become the estate trustee — often based on being named in the will — can generally take basic protective steps like securing a property, without waiting for a Certificate of Appointment. Formal legal authority to sell, transfer, or otherwise deal with major estate assets is a separate matter, and that's where probate typically becomes necessary.
Common Early Mistakes
| Mistake | Why it causes problems |
|---|---|
| Assuming the home insurance automatically stays the same | Many policies restrict or exclude coverage once a property sits unoccupied for an extended period |
| Letting several family members keep independent access | Makes it harder to account for missing items and can create disputes later |
| Waiting for probate before doing anything | Basic protective steps generally don't need to wait, and delay increases risk |
| Not documenting the property's condition early | Makes it harder to resolve later disagreements about what was there and what changed |
Frequently asked questions
Do I need probate before I can go into the deceased's house?
No — securing and protecting the property is generally something the expected estate trustee can and should do right away. Probate becomes relevant later, mainly for dealing with assets like real estate transfers or accounts that financial institutions won't release without it.
What if another family member won't give up a key or return items they took?
Document what happened and raise it directly and calmly first. If it continues, an estate lawyer can advise on options, since taking estate property without authority can become a serious issue once an estate trustee is formally appointed.
Should I keep receipts for anything I spend securing the property?
Yes. Reasonable expenses to protect estate property — a locksmith, storage, insurance adjustments — are generally recoverable from the estate, so keep records and receipts from the start.
What about a vacant property that will sit empty for months?
A property expected to remain unoccupied for an extended period often needs a specific vacant-property insurance arrangement, since many standard homeowner policies restrict coverage once a home is empty for a period of time — this is worth confirming with the insurer directly and promptly.
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