What to Do When You’re Named Executor in Ontario — A Plain-Language Guide

If someone has named you as their executor — or estate trustee, as Ontario law calls it — they have placed significant trust in you. They have also placed significant responsibility.

Being named executor is one of the most common roles Canadians are asked to take on, and one of the least understood. Most people accept without fully knowing what the role involves. Many are managing grief at the same time they are managing legal, financial, and administrative obligations they have never navigated before.

What Is an Executor?

An executor, formally called an estate trustee in Ontario, is the person named in a will to administer a deceased person’s estate. That means locating assets, paying debts, filing taxes, and distributing what remains to the beneficiaries — all in accordance with the will and Ontario law. The executor’s legal duties are real and personal. Executors can be held personally liable for errors, so understanding the role — or getting proper guidance — matters.

What to Do First

Locate the original will. Obtain certified copies of the death certificate — request at least ten. Secure the estate, including the home and valuables. Notify the deceased’s lawyer, accountant, and financial advisor. Contact Canada Revenue Agency and Service Canada to cancel CPP and OAS payments and apply for the CPP Death Benefit.

Does the Estate Need Probate?

Not always — but often. Probate, formally called a Certificate of Appointment of Estate Trustee in Ontario, is the court process that confirms the will is valid and authorizes the executor to act. Whether probate is required depends on the nature and value of the assets, how they are held, and whether they have named beneficiaries. An estate lawyer can advise you. If probate is required, Ontario charges Estate Administration Tax of approximately $15 per $1,000 of estate value above $50,000.

What Takes the Longest

A straightforward estate can take twelve to eighteen months. The most time-consuming steps are obtaining probate, filing and clearing taxes, and obtaining a Tax Clearance Certificate from the CRA before distributing assets. Distributing assets before the CRA clears the estate can leave an executor personally liable for any outstanding tax debt.

A Note on Legacy Materials

As a Certified Executor Advisor and the founder of Words Endure™, Christine L. Stover has seen firsthand how often families wish their loved one had left more than a will. The legal document tells the executor what to distribute. It rarely says what the person wanted their family to understand, remember, or carry forward. If you are an executor currently navigating estate administration, Words Endure™ can help your family preserve the stories and messages that may have surfaced during this time. For dedicated executor guidance, visit passingproperly.ca.