Estate Administration
It’s never easy when someone you care about has died. It can be even more complicated and frustrating if you have been named estate trustee (executor) and you aren’t sure what to do.
What is my job as an Estate Trustee?
Being an estate trustee carries many responsibilities. An estate trustee is responsible for making decisions on behalf of the deceased and ensuring that the instructions in his or her Will are properly carried out. A trustee’s first job is usually to make decisions about the funeral and to go about locating the Will. The estate trustee becomes the legal owner of all the estate assets. Once the estate assets are identified, it must be determined whether a Certificate of Appointment of Estate Trustee is required (formerly known as Letters Probate). This Certificate is proof that you, as named estate trustee, have authority to act on behalf of the estate; it will allow banks and other institutions to take your instructions. A lawyer will gather the necessary information from you and prepare the documents required to apply for a Certificate from the appropriate court.
Can I properly administer a Will without the assistance of a lawyer?
As an estate trustee you will be able to handle most of the estate responsibilities. You will need a lawyer, though, to prepare the application package for the Certificate of Appointment of Estate Trustee and, often, to provide guidance and advice on the administration of the estate. A well-drafted Will will generally allow for a smooth distribution process, but not all Wills are clearly drafted. Sometimes assistance is required with interpretation. Or perhaps a beneficiary has predeceased the testator and it isn’t clear how to distribute assets, or the assets left behind are complicated and require assistance to sort out before distribution can begin. In all of these instances, a lawyer can assist you in the proper administration of the estate, so you can be secure knowing that you are acting correctly on the instructions in the Will as the Estate Trustee.
What if there is no Will?
Many people have never made a Will. If someone close to you has died without a Will (this is referred to as “intestate”) you may have to apply for a Certificate of Appointment of Estate Trustee Without a Will. Distribution of assets will be in accordance with intestate succession laws set out by the government of Ontario, which determine who will receive what portion of the estate assets. Again, an Estate lawyer can assist you through this process.