Written by: Dina Nikseresht
The loss of a loved one is a tragic and difficult experience. On top of the grief, you may find yourself responsible for managing their affairs. It’s common to feel unsure and overwhelmed about what needs to be done and in what order.
This guide breaks down the typical steps involved in administering an estate in Ontario and serves as helpful starting point to understand your responsibilities.
- Make Funeral and Burial Arrangements
Funeral homes can guide you through the process of arranging a burial or cremation. If you are aware of any recorded wishes of the deceased for these arrangements, refer to them. There may be specific wishes recorded in the deceased’s will, although it is not mandatory to abide by them. - Obtain Proof of Death
A death certificate will be necessary when handling the deceased’s estate and to notify banks, government agencies and other institutions of the passing. - Locate the Will and Confirm it is the Last Valid Version
Wills are typically stored at the home, with a lawyer or in a safety deposit box. If there is no will, the estate is treated as intestate under Ontario law - Secure the Deceased’s Property and Assets
Protect all of the Deceased’s assets including their residence, both physically and financially. Ensure valuables are kept in a safe location. Arrange for the management of any business assets and personal accounts. Also ensure any pets are cared for and utility services maintained or paused as needed. - Notify Key Third Parties
Inform important parties such as employers, banks, CRA, insurance providers, tenants or landlords, and subscription services. - Apply for Canada Pension Plan (CPP) Benefits
If the deceased paid into CPP, the estate or surviving family may be entitled to the CPP Death Benefit and Survivor’s Pension. The necessary forms can be accesses through Service Canada. - List All Assets and Debts
Compile a list of the Deceased’s bank accounts, real estate, vehicles, investments, valuables, and debts. - Consult a Lawyer to Discuss the Estate
Getting legal advice at an early stage is important. A lawyer can confirm if probate is necessary and file the application, review the will or help determine beneficiary entitlement in the absence of a will, advice on executor duties, and assist with tax issues or any disputes that may arise. - Begin Administering the Estate
Once probate has been obtained, administration of the state can commence. A lawyer can help provide guidance on the step-by-step process to administer the estate in accordance with the law, including collecting the estate assets, paying debts and taxes, filing returns, and distributing the estate.
Estate administration can be a difficult and time-consuming task, but you don’t have to navigate it alone. Even straightforward estates benefit from legal guidance to avoid costly mistakes and ensure a smooth, efficient process. Contact an estates lawyer at MUNERA for trusted support with all your estate administration needs.
