Estate Administration and Probate

Every situation is unique and requires a personalized approach from an attorney dedicated to helping you meet your family's needs.

Full administration of estates upon death of the testator:

Probate application
Assistance with location of assets and valuation
Guidance for executors in dealing with debts and accounts
Transfer of joint accounts
Transfer of joint property
Application for CPP and other government offices
Assistance with assets disposition
Assistance with corporate assets
Distribution of the assets to beneficiaries

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Who is Executor

An executor, also called an estate trustee, is the person who executes or carries out the terms of the will. The executor has an extensive list of duties, such as:

Make funeral arrangements
Locate the will
Ascertain all the assets
Arrange for valuations of some assets
Notify insurance companies and complete claim forms
Apply for CPP benefits
Notify banks, credit card companies, cancel and pay bills
Determine debts and liabilities
Pay taxes and obtain clearance certificate
Distribute the assets and pay bequests

The list is not exhaustive and can be much longer.

Terminal Tax Return

An executor is responsible for all outstanding income taxes of the deceased. It is his or her responsibility to ensure that the tax return for the previous year is filed, as well as the terminal return (for the year in which the deceased died). At the same time, the executor has a fiduciary duty to the beneficiaries of the estate to ensure that all reasonable steps are taken to keep the taxes owing by the deceased and the estate to the legal minimum. Failing to take advantage of an elective tax return or other special exemption can expose the executor to a lawsuit for negligence.

Estate Administration Tax

Estate administration tax, formerly known as probate fees, is charged on the total value of the deceased’s estate. The total value of the estate is the value of all assets owned by the deceased at the time of death, including:

real estate in Ontario (less encumbrances)
bank accounts
investments (e.g., stocks, bonds, trust units, options)
vehicles and vessels (e.g., cars, trucks, boats, ATVs, motorcycles)
all property of the deceased which was held in another person’s name
all other property, wherever situated, including:

- goods
- intangible property
- business interests, and
- insurance, if proceeds pass through the estate, e.g., no named beneficiary other than ‘Estate’.

Absence of Will

When a person dies without a valid will, this is called “intestate”, the estate is distributed in accordance with the Ontario’s Succession Law Reform Act.

According to the Act, unless someone who is financially dependent on the deceased person makes a claim, the first $200,000 is given to the deceased person’s spouse if he or she has decided to claim his/her entitlement. The other possibility is to claim half of the net family property. A lawyer can help determine which is the better choice.

Anything over $200,000 is shared between the spouse and the descendants (e.g. children, grandchildren) according to specific rules.

If there is no spouse, the deceased person’s children will inherit the estate. If any of them have died, that child’s descendants (e.g. the deceased person’s grandchildren) will inherit their share.