Ontario Executor Checklist

Written By: Stacey Staios - Articling Student
Edited By: Ryan Carson

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Executors have a number of tasks they must complete when administering the estate upon the deceased’s passing. For many, fulfilling executor duties can be unfamiliar and may result in the estate being administered incorrectly. Executors can use a checklist to organize the tasks required and to ensure their duties are performed accurately. The list below is a general list and, depending on the specific circumstances in each case, some tasks may or may not be applicable. It is therefore advised that each executor seek legal advice before commencing the administration of the estate.

Preliminary steps

  • Locate the deceased’s Will and review for any applicable instructions such as funeral directions, which may be completed with a lawyer. If there is no Will, or it is no longer valid, applicable legislation must be determined;

  • Determine and assist in any funeral arrangements, if applicable;

  • Obtain several copies of the funeral director’s statement of death or apply for provincial death certificate for later use;

  • Apply for Letter of Probate or Certificate of Appointment;

  • Find and secure all assets, including home, contents of home, other real estate, personal property, business, vehicle, safety deposit box;

Soon after death

  • Locate and contact listed beneficiaries;

  • Discuss the estate plan and administration with such beneficiaries;

  • Send a copy of the Will to the beneficiaries;

  • Notify charities of charitable bequests, if applicable;

  • Open an estate account if required, to make deposits and pay bills;

  • Close bank accounts and transfer balance to estate bank account;

  • Notify appropriate financial institutions and insurance companies of the death to collect life insurance benefit;

  • Arrange for valuations of real estate, securities, personal property and vehicle(s);

  • Locate and obtain title documents for real property, mortgages, share certificates, bonds and guaranteed investment certificates;

  • Cancel the deceased’s credit cards and debit cards;

  • Ascertain RRSP/RRIF plans payable to the estate or whether a designated beneficiary is available;

  • Notify all service providers, such as utility companies, landlord, property maintenance;

  • Apply for the Canada Pension Plan (CPP) death benefit and survivor pension for a spouse of dependents;

 Following instructions

  • Notify accountant and advise of death and arrange for preparation and filing of final tax returns;

  • Contact Canada Revenue Agency upon receipt of the Notice of Assessment and apply for Clearance Certificate;

  • If the Will provides for trusts, set up testamentary trust and arrange for ongoing review of the investments and ongoing compliance within the terms of the trust;

  • Calculate executor’s compensation from the estate;

  • Request solicitor’s bill;    

  • Establish a reserve fund for any additional fees or expenses;             

  • Write to beneficiaries with a final report on all aspects of the estate administration;

  • Arrange the closing of estate bank account after confirming all assets have been distributed and executor duties are completed.

If you have been named an executor on someone’s Will and require assistance with administering the estate, our team at Carson Law can help. Our firm has years of experience working with executors and completing the tasks listed above. We understand that administering an estate can be time consuming, complicated and require the executor’s full attention, which is why we are happy to offer our services in this area to ensure you can focus on the grieving process.

Disclaimer

The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.