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ONTARIO ESTATE ADMINISTRATION: WHY ONTARIO ESTATE LAWYERS CHOOSE INDEPENDENT ESTATE TRUSTEES

Ontario Estate Administration has become more complex. The recent Stewart Estate case shows why smart estate lawyers choose independent trustees. This protects clients and ensures smooth management of the deceased person’s estate.

Ontario Estate Administration: Role and Responsibilities of an Executor

In Ontario Estate Administration, the person who manages an estate is called an “estate trustee” (formerly called an “executor”). This role comes with important legal duties that many people don’t fully understand when they accept the position.

Gathering and Protecting Assets

The first job of an estate trustee is to find and secure all the deceased person’s property. This includes:

  • Bank accounts and investments – Contact all financial institutions
  • Real estate – Secure properties and arrange insurance
  • Personal belongings – Inventory valuable items like jewelry, art, or collections
  • Business interests – Identify any company shares or partnerships
  • Digital assets – Access online accounts, cryptocurrencies, or digital files

Estate trustees must act quickly to protect these assets. Leaving a house empty without insurance or failing to secure bank accounts can lead to losses. If assets are lost due to poor protection, the trustee may be personally responsible for the value.

Applying for Probate

Most estates need a Certificate of Appointment (probate) from the Ontario Superior Court. This legal document proves the trustee has authority to act for the estate.

The probate process involves:

Getting probate can be a lengthy exercise, depending on the estate’s complexity and whether it is the extremely busy Toronto court or elsewhere in Ontario. During this time, many assets remain frozen, creating cash flow problems for the estate.

Managing Estate Finances

Estate trustees become responsible for all the deceased person’s financial debts. This includes:

Paying Debts and Bills

  • Funeral expenses (priority payment)
  • Outstanding credit card balances
  • Utility bills and property taxes
  • Medical expenses and care facility costs

Tax Responsibilities

  • File the deceased’s final and any other outstanding income tax returns
  • File estate tax returns if income is earned after death
  • Pay all income taxes, capital gains taxes, and penalties
  • Obtain CRA Clearance Certificate before final distributions

Investment Management Estate assets may need professional management, especially if the estate remains open for months or years. Poor investment decisions or leaving money in low-interest accounts can reduce the estate’s value.

Communicating with Beneficiaries

Estate trustees must keep beneficiaries informed throughout the process. This legal duty includes:

  • Initial notification – Tell beneficiaries about their inheritance within a reasonable time
  • Regular updates – Provide progress reports on estate administration
  • Financial reporting – Share detailed accounts of income, expenses, and distributions
  • Final accounting – Present complete financial records before closing the estate

Poor communication is one of the biggest sources of estate disputes. Beneficiaries who feel left in the dark often become suspicious and may challenge the trustee’s actions in court.

Ontario Estate Administration: Probate Process in Ontario

The probate process in Ontario can be complex and time-consuming. Understanding each step helps estate lawyers advise their clients about potential challenges and when professional trustee services might be needed.

Initiating the Process

The probate process begins when someone dies and leaves a will. The named estate trustee must decide if probate is required. Not all estates need probate, but most do if they include:

Timeline Considerations Estate trustees should start the probate process within weeks of death. Delays can cause problems with:

  • Asset protection and insurance coverage
  • Bill payments and property maintenance
  • Beneficiary expectations and family relationships

Required Documents Before starting, trustees need:

  • Original will and any codicils
  • Death certificate (multiple certified copies)
  • Complete list of estate assets and their values
  • List of all debts and liabilities

Evaluating Assets

Accurate asset valuation is crucial for probate fees and tax planning. Estate trustees must obtain current market values for all estate property.

Real Estate Valuation

  • Hire qualified appraisers for property assessments
  • Consider recent comparable sales in the area
  • Account for any unique features or conditions
  • Remember that tax assessments are usually lower than market value

Financial Assets

  • Get statements showing balances on the date of death
  • Value investment portfolios at market prices
  • Include all registered accounts (RRSPs, TFSAs, pensions)
  • Don’t forget about foreign assets or accounts

Personal Property

  • Obtain professional appraisals for valuable items
  • Include vehicles, jewelry, art, and collectibles
  • Consider both insurance value and fair market value
  • Document everything with photos and written descriptions

Filing the Application

The probate application goes to the Ontario Superior Court of Justice. This legal process involves several steps and strict requirements.

Court Forms and Fees

Review Process The court registrar reviews applications for:

  • Completeness and accuracy of all forms
  • Proper valuations of estate assets
  • Valid signatures and witness requirements
  • Compliance with notice requirements

Processing Time Simple estates typically take 6-8 weeks for probate approval. Complex estates with disputes or missing information can take several months.

Distributing Assets

Once probate is granted, estate trustees can begin distributing assets to beneficiaries. However, this must be done carefully to avoid personal liability.

Payment Priority Debts must be paid in this order:

  1. Funeral and burial expenses
  2. Estate administration costs
  3. Secured debts (mortgages, car loans)
  4. Unsecured debts (credit cards, personal loans)
  5. Gifts to beneficiaries

Timing Considerations

  • Wait for the creditor claim period to expire (usually 6 months)
  • Obtain CRA Clearance Certificate before final distributions
  • Keep sufficient funds for unexpected expenses or claims
  • Document all payments with detailed records

Distribution Methods Assets can be distributed as:

  • Cash payments from estate bank accounts
  • Transfer of specific property items
  • Sale of assets with proceeds distributed
  • A combination of cash and property transfers

Handling Taxes and Disputes

Tax obligations and family disputes are two of the biggest challenges estate trustees face. Both can create significant personal liability.

Tax Responsibilities Estate trustees must handle multiple tax filings:

  • Final tax return for the deceased (due April 30 or 6 months after death)
  • Estate tax returns for income earned after death
  • Clearance certificate application to CRA
  • Provincial tax obligations and filings

Common Tax Pitfalls

  • Missing filing deadlines (results in penalties and interest)
  • Incorrect valuation of assets for capital gains
  • Failing to claim available deductions or credits
  • Distributing assets before tax clearance

Managing Disputes Family conflicts often arise during estate administration:

  • Beneficiaries questioning trustee decisions
  • Disputes over asset valuations or distributions
  • Challenges to will validity or interpretation
  • Complaints about communication or transparency

When Disputes Escalate Estate litigation can be expensive and time-consuming. Common issues include:

  • Beneficiaries seeking trustee removal
  • Claims for financial compensation from trustee personally
  • Court applications for direction on will interpretation
  • Family members blocking estate administrationOntario courthouse steps with "$462,000 Tax Bill Stewart Estate Disaster" text overlay - Independent Estate Trustee services by Smith Estate Trustee Ontario

The Growing Problem: When Ontario Estate Administration Goes Wrong

Being an estate trustee in Ontario carries serious legal and financial risks. Many people don’t realize they can be personally liable for estate debts, tax bills, and administration mistakes. This personal liability can cost trustees thousands of dollars from their own pockets.

The Stewart Estate case, decided by the Ontario Superior Court of Justice and Court of Appeal for Ontario in 2025, perfectly illustrates these risks. What started as a simple will became a 30-year legal nightmare involving:

This case shows why estate lawyers across Ontario are increasingly recommending independent estate trustees for complex files.

The Stewart Estate: A Case Study in Estate Complications

The Original Plan

William Stewart wrote his will in 1989. His plan seemed straightforward:

  • His wife Edith would receive a life interest in his property
  • After Edith’s death, two sons would buy the family farms at fixed low prices
  • One son’s mortgage would be forgiven

What Went Wrong

Life threw curveballs that William couldn’t predict:

The Mortgage Assignment (1994)
The estate transferred Robert’s mortgage to Edith. This simple administrative task later stopped the mortgage forgiveness William had planned.

Unexpected Death (2018)
Robert died before his mother Edith. Since Robert had no children, his wife Lynn inherited his rights to the farm.

Changed Circumstances
Edith lived 24.5 years after William died. During this time:

The Tax Crisis
When Edith died, the estate faced a $462,000 tax bill. The estate didn’t have enough cash to pay. The farms meant as gifts to family might need to be sold to pay the Canada Revenue Agency (CRA).Ontario courthouse steps with "$462,000 Tax Bill Stewart Estate Disaster" text overlay - Independent Estate Trustee services by Smith Estate Trustee Ontario

Ontario Estate Administration Court Decisions: Key Lessons for Estate Lawyers

Ontario Superior Court Ruling (2025 ONSC 2275)

Gift Timing Matters
The court ruled that Robert’s gifts became legally his when William died, not when Edith died. This decision used the “presumption of early vesting” – a legal principle that gifts usually take effect when the will-maker dies.

Administrative Actions Have Consequences
The mortgage forgiveness failed because the mortgage was assigned to Edith. Once she owned it, William’s estate couldn’t forgive it. This shows how administrative choices can override a will’s original intentions.

Estates Must Pay Debts First
The court gave the estate trustee power to sell the farms at current market value, not the outdated prices in the will. The estate’s debts had priority over specific gifts to beneficiaries.

Personal Liability Remains Unclear
Most importantly for trustees, the court didn’t rule on whether the trustee was personally liable for tax decisions. This uncertainty creates ongoing risk for estate trustees.

Ontario Estate Administration: Court of Appeal Decision (2025 ONCA 575)

The Court of Appeal quickly denied the beneficiaries’ request to stop the farm sales. The court prioritized:

  • Efficient estate administration
  • Paying the estate’s debts
  • Preventing CRA seizure of assets

This decision strongly supports estate trustees who make difficult but necessary decisions to protect estate solvency.

Ontario Estate Administration: The Hidden Risks Estate Trustees Face

Fiduciary Duties

Estate trustees must:

  • Act in all beneficiaries’ best interests
  • Avoid conflicts of interest
  • Manage assets carefully
  • Keep detailed records
  • Communicate clearly with beneficiaries

Personal Liability Risks

Trustees can be personally responsible for:

  • Asset mismanagement – Poor investment or property decisions
  • Ignoring professional advice – Trying to handle complex issues alone
  • Premature distributions – Paying beneficiaries before clearing all debts
  • Tax mistakes – Missing deadlines or making poor tax decisions
  • Poor communication – Failing to keep beneficiaries informed
  • Unnecessary litigation – Pursuing costly legal battles

The CRA Clearance Certificate

Before making final distributions, trustees must obtain a Clearance Certificate from the CRA. Without this certificate, trustees remain personally liable for any unpaid estate taxes up to the value of assets they distributed.Ontario courthouse steps with "$462,000 Tax Bill Stewart Estate Disaster" text overlay - Independent Estate Trustee services by Smith Estate Trustee Ontario

Ontario Estate Administration: When Estate Lawyers Should Recommend Independent Trustees

High-Risk Situations

  • Complex assets – Farms, businesses, or valuable real estate requiring specialized management
  • Significant tax liabilities – Large estates with potential CRA issues
  • Family conflicts – Beneficiaries already disagreeing or threatening litigation
  • Outdated wills – Old documents that don’t reflect current circumstances
  • Reluctant trustees – Named trustees who lack time, capacity, or willingness
  • Conflict of interest – Trustees who are also major beneficiaries

Benefits of Independent Estate Trustees

Neutrality
Independent trustees have no family relationships or personal interests. They can make difficult decisions without bias or favouritism.

Professional Expertise
Estate trustees understand:

  • Complex estate laws and tax laws and elections
  • Asset valuation and management
  • Legal procedures and deadlines
  • Negotiation with government agencies

Risk Protection
Professional trustees assume personal liability, protecting your clients from financial risk.

Efficiency
Independent trustees can move estates forward even when beneficiaries disagree or try to delay administration.

Court Preference
Courts often prefer independent trustees in contentious matters, showing your proactive approach to conflict resolution.

Why Estate Lawyers Partner with Smith Estate Trustee Ontario

At Smith Estate Trustee Ontario, we understand the challenges estate lawyers face. Our experience includes:

  • Many years of handling complex insolvency and estate matters
  • Licensed by the Office of the Superintendent of Bankruptcy
  • Extensive experience with high-value and contentious estates
  • Strong relationships across Ontario
  • Proven track record in complex tax and asset management situations

Our Approach

We work collaboratively with estate lawyers to:

  • Assume trustee liability and responsibilities
  • Handle day-to-day estate administration
  • Manage beneficiary communications and conflicts
  • Navigate complex tax situations
  • Allow lawyers to focus on legal strategy and advice

Results for Your Practice

Partnering with us means:

  • Protected clients who avoid personal liability
  • Efficient estate administration even in complex cases
  • Reduced stress on grieving family members
  • More time for you to focus on legal work rather than administration
  • Enhanced reputation for providing comprehensive solutionsOntario courthouse steps with "$462,000 Tax Bill Stewart Estate Disaster" text overlay - Independent Estate Trustee services by Smith Estate Trustee Ontario

Frequently Asked Questions About Independent Estate Trustees and Ontario Estate Administration

What is the difference between an estate trustee and an executor in Ontario Estate Administration?

In Ontario Estate Administration, “estate trustee” is the legal term that replaced “executor” in 1995. They mean the same thing – the person responsible for managing someone’s estate after death. Many people still use “executor,” but the courts and legal documents use “estate trustee.”

When should estate lawyers recommend an independent trustee instead of a family member?

Estate lawyers should consider recommending independent trustees when:

  • The estate has complex assets like businesses or farms
  • Family members are already fighting or threatening legal action
  • The named trustee lacks time, skills, or willingness to serve
  • There are significant tax liabilities or CRA issues
  • The trustee is also a major beneficiary (creating a conflict of interest)
  • The estate involves multiple provinces or countries

How much does an independent estate trustee cost?

Professional trustee fees in Ontario typically range from 2.5% to 5% of the estate’s total value. The exact fee depends on:

  • Estate size and complexity
  • Time required for administration
  • Level of family conflict or disputes
  • Special skills needed (tax planning, business management)
  • Court involvement or litigation

While this seems expensive, it often saves money by avoiding costly mistakes, family litigation, and personal liability claims.

Can family members remove an independent trustee once appointed?

Removing an estate trustee requires a court application and valid legal grounds, such as:

  • Breach of fiduciary duty
  • Conflict of interest
  • Inability to perform duties
  • Loss of required qualifications

Simply disagreeing with trustee decisions is not enough. Courts prefer to keep qualified trustees in place rather than create delays and additional costs.

What happens if an estate trustee makes a mistake that costs the estate money?

Estate trustees can be personally liable for losses caused by their mistakes or negligence. Common examples include:

  • Distributing assets before paying all debts and taxes
  • Making poor investment decisions without proper advice
  • Missing important tax deadlines or elections
  • Failing to properly maintain estate property
  • Not obtaining required court approvals

Professional trustees carry insurance to protect against these risks, while individual trustees usually don’t.

How long does estate administration typically take in Ontario Estate Administration?

Simple estates with few beneficiaries and no disputes typically take 12-18 months. Complex estates can take several years, especially if they involve:

  • Business valuations and sales
  • Real estate in multiple locations
  • Family litigation or will challenges
  • Tax disputes with CRA
  • Foreign assets or beneficiaries

Independent trustees often complete administration faster because they work full-time on estate matters and have experience with complex issues.

What is a CRA Clearance Certificate, and why is it important?

A CRA Certificate of Clearance confirms that an estate has paid all its income taxes. Without this certificate, estate trustees remain personally liable for any unpaid taxes up to the value of assets they distributed to beneficiaries.

Getting clearance typically takes 4-6 months after filing all required tax returns. Many trustees make the mistake of distributing estate assets before receiving clearance, creating personal financial risk.

Can an independent trustee be appointed if the will names someone else?

Yes, courts can appoint independent trustees even when the will names family members. This happens when:

  • The named trustee declines to serve
  • The named trustee becomes incapacitated
  • Conflicts of interest arise
  • Family disputes make neutral administration necessary
  • The estate becomes too complex for the named trustee

Estate lawyers can apply to court for trustee replacement or can work with named trustees to bring in professional assistance.

What qualifications should estate lawyers look for in an independent trustee?

Key qualifications include:

  • Professional licensing (Licensed Insolvency Trustee, lawyer, or accountant)
  • Specific estate administration experience
  • Knowledge of Ontario estate administration and recognizing tax issues
  • Professional liability insurance
  • Bonding and regulatory oversight
  • Experience with similar estate types and values
  • Strong references from other lawyers and clients

How do independent trustees handle beneficiary disputes?

Professional trustees use several strategies to manage conflicts:

  • Neutral communication
  • – No family relationships or emotional involvement
  • Clear documentation
  • – Detailed records of all decisions and transactions
  • Regular reporting
  • – Frequent updates to keep everyone informed
  • Professional mediation
  • – Early intervention to resolve disputes
  • Court applications
  • – Seeking judicial direction when needed

Their neutrality often helps de-escalate family tensions and allows estates to move forward efficiently.

Ontario Estate Administration Conclusion: Protecting Your Clients and Your Practice

The Stewart Estate case demonstrates that even simple wills can become complex nightmares. Personal liability for estate trustees is real and growing. Smart estate lawyers now recommend independent trustees to protect clients and ensure smooth estate management.

Don’t wait for your clients to face a Stewart Estate situation. Consider recommending Smith Estate Trustee Ontario for your challenging files. We provide the expertise, neutrality, and risk protection your clients need.

Contact Smith Estate Trustee Ontario today. We can support your estate practice and protect your clients from hidden risks in estate administration.

About the Author
Brandon Smith is a Licensed Insolvency Trustee with years of experience handling complex financial and estate matters in Ontario. Smith Estate Trustee Ontario is part of Ira Smith Trustee & Receiver Inc. We provide independent estate trustee services to lawyers and families across Ontario

Contact Information
Smith Estate Trustee Ontario
Part of Ira Smith Trustee & Receiver Inc.

167 Applewood Crescent #6, Concord, ON L4K 4K

P: (647) 799-3312

E: brandon@irasmithinc.com

The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.Ontario courthouse steps with "$462,000 Tax Bill Stewart Estate Disaster" text overlay - Independent Estate Trustee services by Smith Estate Trustee Ontario

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HOW LONG DOES PROBATE TAKE IN ONTARIO? 7 QUESTIONS NEWBIE ONTARIO ESTATE TRUSTEES ARE EMBARRASSED TO ASK

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

How long does probate take in Ontario introduction

If you are handling property that was left by the deceased, either in a will or without a will, the legal procedure to deal with it is called probate. There is even more to the procedure of probate than simply doling out what the person wanted his or her beneficiaries to have.

There are regulations on:

  • Who can fulfill the role of Estate Trustee?
  • The process of the court of probate.
  • The rules determining how estate assets to be separated between property that must be probated and property that does not need to go through probate.
  • How to deal with property and claims after probate has been granted.
  • Dealing with claims against the Estate, especially competing claims.
  • Completing the necessary final personal income tax return and any other outstanding returns, the Estate tax return and dealing with Canada Revenue Agency (CRA) on various personal income tax and estate tax issues.
  • Understanding the terms of any life insurance policy or policies on the life of the deceased, advising the insurer of the death and determining who the life insurance proceeds should be paid to depending on the beneficiary designations.
  • The overall duties of the Estate Trustee.
  • Knowing how long does probate take in Ontario?

There are many questions about probate applications and more about the whole probate process that arise when someone dies and their financial situation needs to be understood, dealt with and their property distributed in accordance with their wishes as laid out in their will. It becomes even more of a challenge when the person dies without a will, which is called dying intestate.

Many times the named Estate Trustee is a close relative or trusted friend. They may have zero experience in acting as an Ontario Estate Trustee. They take on the role out of a sense of love for and obligation to the deceased. Many times they are either embarrassed to ask the estate lawyer questions because they believe they are too rudimentary and they should already know the answer. Sometimes they don’t ask the questions because they do not wish to incur the legal fees each time.

The purpose of this Brandon Blog is to answer the question, how long does probate take in Ontario and the 6 other most frequently asked questions we find people ask us in our role as Estate Trustee in our Smith Estate Trustee Ontario business.

how long does probate take in ontario
how long does probate take in ontario

What is probate in Ontario?

This is a very common question. It is actually the first question; the second one is how long does probate take in Ontario? Probate in Ontario is a legal process asking the court to:

  • give an individual or company the authority to work as the Estate Trustee of an estate.
  • Verify the authority of a person or company identified in the deceased’s will as the Estate Trustee.
  • Formally approve that the deceased’s will is their valid last will.

How long does probate take in Ontario: What you will need to apply

To make probate applications to the court for probate you will require to submit documents needed as set by the Estates court regulations. It includes:

  • A certified true copy of the deceased’s original will if any.
  • If it exists, any addition or supplement that describes modifies or withdraws a will in whole or in part
  • Proof of Death by a copy of the Death Certificate.
  • the fully completed court forms which amongst other things, provide details regarding the nature, extent and valuation of the assets of the deceased at the date of death and calculates the probate fees, otherwise known in Ontario as Estate Administration Taxes. You have probably heard names like death tax or probate fees. In Ontario, the proper name is Estate Administration Tax.

This is the beginning of the probate process.

how long does probate take in ontario
how long does probate take in ontario

What is a Probate Certificate? Is a Probate Certificate Required?

Here are two probate Ontario FAQs in one! A person could make an application to the Estates court for a Probate Certificate if the:

  • Deceased individual passed away without a will.
  • Deceased’s will does not name an Estate Trustee.
  • Financial institutions or other 3rd party wants evidence of a person’s legal authority to deal with the financial assets of the deceased which does not automatically pass to one more person by right of survivorship. Joint bank accounts, as long as the other name(s) on the accounts were not minors, would automatically pass to the other joint owners without having to through the application for probate through the Estates Court, otherwise known as the Probate Court.
  • List of assets includes real estate where the real property does not automatically pass to one or more individuals because of joint ownership.
  • Stakeholders disagree concerning the appointment of the Estate Trustee or any claim that the named Estate Trustee has a conflict or is otherwise not capable or qualified to act.
  • Parties disagree or there may very well be a prospective disagreement regarding the legitimacy of the deceased person‘s will or some beneficiaries called in the will are not able to supply lawful authorization.

May times just being able to comb through the documents of the deceased to get the necessary information extends how long does probate take in Ontario.

How long does probate take in Ontario? Is a probate certificate always required?

Many people do not realize that a probate certificate is not always required in the Province of Ontario. For example, it is not required if all Estate assets are being transferred to another person through the right of survivorship because they were owned jointly or the beneficiary was a designated beneficiary under an insurance policy. In this case, probate is not required.

Examples of when probate is required, even if the deceased has a valid will are:

  • It does not name an Estate Trustee (formerly called an Executor or Executrix) and a personal representative cannot be found.
  • An Estate Trustee is named but that person has recused themselves and refuses to act.
  • There is Estate property that will not automatically flow to another person due to the right of survivorship or being named as the designated beneficiary in a life insurance policy.
  • It will be necessary to gain control over financial assets or real property and be able to convey them.
  • A vesting order from the Court may be required to transfer ownership upon the sale of Estate assets.

What Happens After Probate is Granted?

After the grant of probate is when the fun really starts. That is when most of the activities of the Estate Trustee really happen like:

  • Putting parties on notice regarding estate assets, property before probate that the Estate Trustee identified.
  • Collection of the property or making sure that jointly owned property is properly transferred.
  • Identifying and paying all rightful claims against the Estate before making any distribution to the beneficiaries.
  • Making sure that no beneficiary or 3rd party is contesting the will or the actions of the Estate Trustee.
  • Final tax return preparation and filing.
  • Dealing with insurance companies.
  • Making sure the correct probate fees have been paid.
  • Understanding the Estate law issues or going to the Estate lawyer for advice when unsure.
  • Handling the entire Estate administration process properly.
  • Estate tax return preparation and filing and all the other activities I have already mentioned above.

All of this is before coming up with a scheme of distribution to the beneficiaries and getting either their unanimous approval or if opposed, an Order from the court approving the proposed distribution. It is important for an Estate Trustee to make sure that they have the proper authority to take the actions they need to and that nobody is opposing the Estate Trustee’s actions.

If an Estate Trustee oversteps their powers or is challenged and found to have been in the wrong, they have a personal liability to the Estate and the stakeholders. As you can see, it helps to have experience in the administration of estates.

So the Estate Trustee better get it right! In smaller Estates, this can be done relatively quickly. In larger Estates, especially if there are many contentious issues, how long does probate take in Ontario can be very elongated.

how long does probate take in ontario
how long does probate take in ontario

How long does probate take in Ontario for a large estate vs a small estate?

How long does it take to prepare a probate application? Once all of the facts are properly collected, it is a matter of hours to prepare and finalize all of the necessary documentation. The probate application can all be submitted online.

How long does it take to grant probate? The delay between filing the application and grant of probate varies greatly from Court registry to Court registry. In smaller regions, it does not take long at all. Historically in the Toronto region, without a court order requesting the court to expedite the issuance of the Certificate of Appointment of Estate Trustee, it could take many long months.

The probate process in Ontario can be either a larger or smaller legal process experience, depending on each unique situation. Estates in Canada that are valued at over $150,000 are covered by the larger probate process. The larger process is really the one that historically was in place in Ontario.

Since April 1, 2021, the province of Ontario has a new estate designation, a “small estate“. A small estate is for the probate legal process when it is valued at $150,000 or less. You can use a streamlined procedure if you are requesting probate of an estate that fits this definition.

If your application meets the requirements, is properly completed and all necessary documents are attached, the court will provide a probate certificate for a small estate. This certificate is referred to as a Small Estate Certificate. The certificate will provide you with the authority to take care of the estate assets that are listed in the certificate.

As this provision just went into place, I don’t have any statistics yet to report on whether or not this will positively affect how long does probate take in Ontario. If the deceased owned a house in their name only in the Greater Toronto Area with equity of at least $150,001, it will not speed things up.

How long does probate take in Ontario? Ontario allows probate applications by e-mail

What is the modification? The court has chosen to permit electronic submissions which are suggested to address the relentless stockpile issues. It also is part of a bigger campaign by the government to update the probate process in Ontario.

As I have stated above, the application for a Certificate of Appointment of Estate Trustee is part of the wider probate process. Allowing applications via email, which started in October 2020, is a reaction to both the backlog and the new truths forced upon the Ontario Superior Court of Justice Estates List section due to the new realities on how the court must adapt to operate in the COVID-19 pandemic era.

With any luck, this will quicken how long does probate take in Ontario.

How long does probate take in Ontario summary

I hope you found how long does probate take in Ontario Brandon Blog post helpful. If you are concerned because there is an Estate that needs a professional Estate Trustee, Smith Estate Trustee Ontario can help you. Since we are also a licensed insolvency trustee firm, we can also help if the deceased Estate is insolvent. We can also help if you or your business have debt problems.

It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties while avoiding bankruptcy. We can get you the relief you need and so deserve.

The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We will get you or your business back up driving to healthy and balanced trouble-free operations and get rid of the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

how long does probate take in ontario
how long does probate take in ontario
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CERTIFICATE OF APPOINTMENT OF ESTATE TRUSTEE RULES KICK IN RIGHT AFTER YOU LOSE SOMEONE CLOSE TO YOU

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

What is a Certificate of Appointment of Estate Trustee?

For anybody that is a potential Estate Trustee, a Certificate of Appointment of Estate Trustee is a required part of the probate procedure. A Certificate of Appointment of Estate Trustee is a document that is issued by the court and provided to the appointed Estate Trustee.

Regular readers of Brandon Blog know that I have written on estate matters before. You also know that in addition to being a licensed insolvency trustee firm, we also act through our related business, Smith Estate Trustee Ontario, acts as a professional estate trustee for both solvent and insolvent deceased estates.

The purpose of this Brandon Blog is to describe the application for probate process in applying for the Certificate of Appointment of Estate Trustee and the responsibilities of the Estate Trustee and how they must perform their duties according to the various rules.

What does a Certificate of Appointment of Estate Trustee do?

The Certificate of Appointment of Estate Trustee verifies that the individual (or a professional Estate Trustee such as Smith Estate Trustee Ontario or a trust company) has in fact been selected to act as the Estate Trustee. It shows that she or he has the legal authority to deal with the real property (real estate) and personal property of the estate. All of the estate assets.

When is a Certificate of Appointment of Estate Trustee needed?

The Certificate of Appointment of Estate Trustee is not a legal requirement in the province of Ontario. It’s merely a record supplied by the government that verifies that the individual called the Estate Trustee has really been designated. It makes things a great deal much easier when validating to financial institutions as well as various other third parties that you have the authority to act concerning the estate property.

To obtain the probate Certificate, you need to complete the appropriate application form to give to the provincial government with a certified duplicate of the death certificate as proof of death in addition to a duplicate copy of the Will. If there is no Will, the court will certainly issue an order upon the probate application of an interested party for approving a selection of Estate Trustee. The estate lawyers can certainly assist with providing legal advice and completing such an application. This would be in addition to any other forms the province needs the Estate Trustee to submit for probate Ontario.

certificate of appointment of estate trustee
certificate of appointment of estate trustee

Avoid Common Errors in Applying for a Certificate of Appointment of Estate Trustee

When applying for a Certificate of Appointment of Estate Trustee, it is always best to get advice from experienced estate lawyers. The Estate Trustee should go to the lawyer for advice on any matters they are unsure about. While most people are concerned about the estate planning process itself, it is equally important to ensure that the application for a Certificate of Appointment of Estate Trustee is completed accurately, completely, and that the appropriate supporting documentation is also provided. If the application is not completed correctly, the executor of the estate is not appointed as the estate trustee, which can delay the estate management and the distribution of the assets.

Applying for a Certificate of Appointment of Estate Trustee is a simple process, but there are many common errors in the application that can result in the application being rejected, delayed, or the application can end up taking more time than it should. Here are some of the most common errors that occur:

  • Section 7 of the Ontario Estates Act requires that the application for a Certificate of Appointment of Estate Trustee needs to be submitted with the Superior Court of Justice in the locality where the departed lived when they died. If the person did not live in Ontario at the time of death, the application needs to be submitted to the Court in the region in Ontario where the deceased had property when they passed away.
  • Be consistent in every document to use the exact same names for individuals and also make sure the spelling matches the names set out in any Will. This includes the dearly departed, estate trustee(s) and estate beneficiaries. If they have any “also known as names”, include those too.
  • All of the following details must be on the court forms, and it must be consistent in all the different forms submitted:
    • date of the Will;
    • day of death;
    • line of work of the dead before they retired;
    • chosen work and addresses of the estate trustee(s).
  • Proper calculation and payment of the estate administration tax payment obligation.
  • Obtaining and also the filing of an estate administration bond in accordance with Section 35 of the Estates Act, or filing motion material for an application to obtain a court order that does away with the bond requirement.

Issues specific to Applications for a Certificate of Appointment of Estate Trustee With a Will

Sometimes, the person applying for the Certificate of Appointment of Estate Trustee (or succeeding estate trustee), is someone different than the person named in the Will. The named person must relinquish his/her right by filing the appropriate form indicating renunciation of the right to a Certificate of Appointment of Estate Trustee (or succeeding estate trustee) with a Will.

If the applicant is not the person identified as Estate Trustee in the Will, that person Will need to be provided with written authority from beneficiaries that, together, have a majority share in the value of the properties of the estate. Otherwise, they Will need a court order giving them the necessary authorization.

The estate beneficiaries indicated in the Will must be served with notice of the application for a Certificate of Appointment of Estate Trustee. If one or more cannot be served, for example, they no longer live at the only known address and they so far can’t be found, then it must be disclosed.

Issues specific to Applications for a Certificate of Appointment of Estate Trustee Without a Will

To be considered to administer the entire estate process when someone dies without a Will, the following applies:

  • You must live in Ontario to make the application.
  • If the departed was divorced at any time, you must make it clear that a prior marriage ended in divorce and what proof you are relying upon to confirm that the departed individual was ended by divorce.
  • On the application for Certificate of Appointment of Estate Trustee, where you describe why you are entitled to apply for the Certificate, you must include information relating to the authorization offered by individuals that are qualified to a share in the distribution of the estate who, together, are entitled to the majority in the value of the possessions of the estate. Absent such authorization, a court order Will be required.
  • The estate beneficiaries indicated in the Will must be served with notice of the application for a Certificate of Appointment of Estate Trustee. If one or more cannot be served, for example, they no longer live at the only known address and they so far can’t be found, then it must be disclosed.

    certificate of appointment of estate trustee
    certificate of appointment of estate trustee

I’ve been named an estate trustee in a Will. What do I have to do now that I have the Certificate of Appointment of Estate Trustee?

An Estate Trustee is an individual that has been appointed to carry out the estate administration duties after a person passes away. But what does that entail? The obligations consist of:

  • seeing to it that funeral arrangements have actually been appropriately made and funeral expenses are paid;
  • amending and filing the amended estate information return, if applicable;
  • calculating and paying the proper amount of estate administration tax;
  • locating and safekeeping crucial files;
  • getting official copies of the death certificate as proof of death;
  • settling any type of financial debts of the deceased person;
  • wrapping up any kind of loose ends like communicating with government departments;
  • dealing with bank officials to collect the funds from and then closing the deceased’s bank accounts;
  • figuring out how to deal with any property;
  • dealing with any estate tax issues and preparing and filing final tax returns;
  • paying the income tax owing; and
  • distributing the net funds on hand or specific property to the beneficiaries as stipulated in the Will.

Is an Estate Trustee responsible for the debts of the estate?

The Estate Trustee’s responsibility does not extend in the first instance for the debts of an estate. As a trustee, it’s your job to ensure the debts are paid and all of the estate’s legal obligations are fulfilled. However, as an Estate Trustee, it’s important to know how to handle the debts of the estate to make sure you aren’t personally responsible for the debts. However, if the Estate Trustee distributes funds without taking care of business, then the Estate Trustee IS responsible for the known debts not paid.

Does an Estate Trustee have to advertise for creditors of the estate?

This is a great question. I’m sure anyone with a passing familiarity with the estate law knows that it may not be required for an Estate Trustee in Ontario to publish a notice to call for creditors of the estate. However, it certainly is a best practice to do before distributing the remaining assets to the beneficiaries of the estate. Traditionally, advertising was done by inserting a notice in a newspaper. More recently, the NoticeConnect online system has been held in Ontario to be an approved way to advertise online only.

certificate of appointment of estate trustee
certificate of appointment of estate trustee

How does an Estate Trustee make a payment from an estate to a child?

If there is a Will, the child is qualified to get his/her share of the estate the way it is laid out in the Will. The Will may establish a trust where payment is made to the child’s parent(s) in trust for the child, or, to a trustee of a trust established for the child.

If there is no Will, then the Estate Trustee is limited to who the funds earmarked for the minor beneficiary can be paid to. There has to be a deferral of payment as an Estate Trustee cannot distribute funds or other types of property to a minor child. It can only be paid to either the Accountant of the Superior Court of Justice or the court-appointed guardian of the property.

The parents of the minor child can apply to the Accountant or guardian for periodic payments to be made for expenses incurred for the benefit of the child. Once the child turns 18 years old, then, they are entitled to their share of the remaining funds.

Certificate of Appointment of Estate Trustee summary

I hope you enjoyed this Certificate of Appointment of Estate Trustee Brandon Blog post. If you are concerned because it is now time to act under the Will, but the named executor is unwilling or incapable of acting, that is where Smith Estate Trustee Ontario can be of assistance. We act as substitute trustees appointed by the court in such situations.

Have you been administering an estate and now you have determined that it is an insolvent estate? Are you worried because you or your business are dealing with substantial debt challenges and you assume bankruptcy is your only option? Call me. It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

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The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do. We help many people and companies stay clear of bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need, contact the Ira Smith Trustee & Receiver Inc. group today.

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certificate of appointment of estate trustee

 

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