I’m the estate trustee. How do I manage and distribute the estate? 

As someone's estate trustee, your job is to manage their estate and distribute it to the beneficiaries. The process you follow is called “administering” or “winding up” the estate.

But first, you may also need to apply for probate. That's when you ask the court for a certificate confirming you as estate trustee.

The process to apply for probate depends on whether:

• there's a will and you're named estate trustee in it, or
• there's no will or the will did not name an estate trustee

When managing an estate, you need to do things like:

• stop payments that end on death, like Canada Pension Plan (CPP)
• cancel the person's driver's licence, Ontario Health Insurance Plan (OHIP) card and social insurance registration 
• find and value all assets in their estate
• apply for probate if needed, and inform all persons who have the right to a share of the estate
• pay all debts and file their final tax return and for any previous years that have not been filed

The last step for an estate trustee is distributing or giving the estate to the beneficiaries. That's when you give the beneficiaries what they were left in the will. Or, if there was no will, you give them what the intestacy rules say they must get.

Records and receipts

Keep detailed records and accounts of how you distribute the estate. Include all steps you take in managing the estate and the time you spent completing each task.

It's a good idea to ask beneficiaries to prove their identity to you before you give them anything. They can do this by showing you valid identification, like a driver's license or birth certificate. Keep a copy of it.

You should also get them to sign a receipt for the money or other property you give them.

Keep beneficiaries informed

It can take at least one to 2 years to manage a simple estate. Complicated estates can take longer. It's a good idea to regularly update the beneficiaries on where you are in the process. For example, you can let them know that you're getting assets valued or that you're filing the final tax return.

Get legal help

It's a good idea to get legal advice. If the estate is complicated, an estates lawyer can help you manage it. You may also need help from a tax or financial professional.

If their fees are reasonable, all professional fees are usually paid by the estate.