My loved one died without naming an estate trustee. Can I apply?

If a loved one died without a will, the court has to appoint an estate trustee before anyone can deal with their estate.

The court also has to appoint an estate trustee if your loved one had a will but did not name an estate trustee in it.

An estate trustee is a person who has the legal right to manage and distribute the estate or property of the person who died. Estate trustees are also called executors, estate representatives, personal representatives, estate administrators, or liquidators.

How to apply

Usually, only residents of Ontario can apply to be an estate trustee for a person who lived in Ontario and died without a will. Or who died with a will but did not name an estate trustee in it.

There's an order that people must follow when they apply to be estate trustee. The married or common-law partner of the person who died usually has the right to apply first to be estate trustee. Then their closest adult relative can apply.

If a person living outside Ontario wants to be estate trustee, they need to qualify in other ways. It's best they get legal help.

Claim against the estate

If you plan to make a claim against the estate, such as a dependant’s support claim or an equalization claim, you cannot be the estate trustee.

If you have the right to make a claim but do not plan to make one, you may be able to be the estate trustee.

Probate

Applying to become the estate trustee is usually called applying for probate. If the court approves your application, you get a Certificate of Appointment of Estate Trustee that gives you the right to deal with the estate.