My loved one died without a will. Can I apply to be their estate trustee?

If your loved one died without a will, someone may need to apply to the court and ask to become the .

Estate trustees are also called executors, representatives, personal representatives, estate administrators, or liquidators.

Only residents of Ontario can apply to be an estate trustee for a person who lived in Ontario and died without a will.

Usually, the or partner of the person who died has the right to apply first to be estate trustee. Then their closest adult relative can apply.

Make sure you understand what an estate trustee has to do before you decide to apply. For example, as an estate trustee you have to:

  • arrange for the funeral and burial or cremation
  • stop payments that end on death, like CPP, OAS, income assistance, and disability insurance payments
  • cancel identity documents like driver's licence and SIN and OHIP cards
  • find and value all in the estate
  • pay any taxes and that are owed
  • file tax returns
  • distribute the property in the estate based on the

The process you follow is called “administering” or “winding up” the estate. It usually takes one to 2 years to administer a simple estate.

Being an estate trustee is a big responsibility and there are rules you must follow. If you do not manage the estate properly, a beneficiary or someone else can take you to court.

Once you become the estate trustee, you may need permission from a judge to stop being one.

Get legal help

You might want to talk to an estates lawyer if you're thinking of applying to be an estate trustee. A lawyer can explain an estate trustee's duties, help you with applying, and may also help you administer the estate.

You may want a lawyer's help if:

  • the estate is complex because the person, for example, owned property in more than one country or had a business,
  • the do not agree on some issues and more than one person is claiming rights to the same property, or
  • the estate seems to have more debts than assets.

If an estate trustee needs professional advice from a lawyer or financial advisor, their fees and costs are paid by the estate. But their fees need to be reasonable.

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