Ontario Estate Administration: Navigating Intestacy Without a Will

Managing a loved one’s estate after their passing can be a daunting and emotionally challenging experience, particularly when no will has been left behind to provide clear guidance. In Ontario, when an individual dies without a will, their estate is considered intestate, which adds further complexity to the process. To ensure the proper management and distribution of the deceased’s assets, the court may issue a Certificate of Appointment of Estate Trustee Without a Will—a formal legal document that grants authority to an appointed individual, known as the Estate Trustee, to oversee the estate.

At Kormans LLP, we understand the intricacies of estate administration and are committed to guiding you through this process with professionalism and care. Our team of lawyers and law clerks are here to help you navigate these legal proceedings efficiently, ensuring that the estate is administered according to Ontario’s laws and that the rights of the intestate deceased, the Estate Trustee, and the beneficiaries of the estate, are protected throughout the process.

A Certificate of Appointment of Estate Trustee Without a Willis issued by the Ontario Superior Court of Justice, giving someone the legal authority to administer the estate of a person who has passed away without a valid will. While similar to an Estate Trustee (sometimes commonly referred to as an executor), who administers an estate when a will is present, an Estate Trustee Without a Will must follow the rules outlined by the Succession Law Reform Act (SLRA) rather than the personal wishes of the deceased as there is no will to describe any such wishes. A Certificate of Appointment of Estate Trustee Without a Will is required in situations where no will exists, when the deceased’s will names an executor who is unwilling or unable to serve, or if the will is contested or deemed invalid. In these cases, a family member or another interested individual must apply for the Certificate of Appointment of Estate Trustee Without a Will to manage the estate. When selecting an Estate Trustee, the courts typically prioritize close family members such as a spouse, adult children, or other relatives like parents or siblings. If no family member is able or willing to take on the role, the court may appoint a public trustee to handle the estate.

An Estate Trustee’s primary responsibilities when administering an estate include locating and assessing the deceased’s assets, such as real estate, investments, and personal property, ensuring that all outstanding debts, taxes, and liabilities are settled before distributing the remaining assets to the beneficiaries. The Estate Trustee must also distribute the estate according to Ontario’s intestacy laws, which prioritize spouses, children, and other relatives. Additionally, the Estate Trustee is responsible for filing the final tax returns for the deceased. To apply for a Certificate of Appointment of Estate Trustee Without a Will, one must submit an Application for a Certificate of Appointment of Estate Trustee Without a Will to the Ontario Superior Court, along with necessary supporting documents including an affidavit, a statement of assets and liabilities, and a death certificate. In some cases, a bond may be required to ensure proper estate administration. Given the complexity of this process, especially during emotionally challenging times, seeking legal guidance is crucial.

A Certificate of Appointment of Estate Trustee Without a Will is critical for the proper administration and distribution of assets when an individual passes away without a will, unless all the assets of the deceased were held jointly or had designated beneficiaries at the time of death. It ensures that the estate is handled in compliance with Ontario’s intestacy laws, providing a clear legal framework for the process.

Our team at Kormans LLP is committed to providing personalized, professional support. If you need help obtaining a Certificate of Appointment of Estate Trustee Without a Will or have questions about estate administration, please reach out to us. Contact us today through email at?[email protected]?or call (905) 270-6660!