I’ve Been Named as an Executor - Now What?

A Practical Guide for Newly Appointed Estate Trustees in Ontario

Movies often portray the executor of a will dramatically: a dimly lit room, family gathered, a tense reading of the will followed by gasps and whispers.

In real life, nothing about being an executor (legally known in Ontario as an Estate Trustee) looks like this. There is no formal “reading of the will,” nor any requirement to gather family for one.

Instead, the actual role is far more practical - and far more demanding.

If you’ve been named as an executor, here’s what you need to know to manage the estate properly, avoid common pitfalls, and protect yourself from legal risk.

What Is an Estate Trustee (Executor)?

While many still use the term executor, Ontario law now refers to this role as the Estate Trustee (ET). Regardless of terminology, this person is responsible for administering the deceased’s estate in accordance with the will and applicable law.

The ET’s responsibilities include:

• Arranging funeral and burial matters

• Locating and securing the will

• Safeguarding all estate assets

• Applying for probate, when required

• Paying debts and ongoing obligations

• Distributing assets to beneficiaries

It is a significant job - and it can feel overwhelming without guidance.

Make Funeral Arrangements

The ET is responsible for coordinating the funeral and burial.

Sometimes the deceased prearranged their funeral or outlined specific wishes in their will. When instructions exist, the ET should:

• Follow the deceased’s written wishes

• Communicate plans clearly with surviving family members

• Ensure cultural or religious considerations are respected

This early step can set the tone for the entire estate administration.

Gather and Organize Important Documents

Your next task is to review and organize all essential documents, including:

• The will and any codicils

• Lists of specific gifts (jewellery, artwork, heirlooms)

• Charitable bequests

• Trust provisions for minor children

• Banking, investment, and insurance documents

This information determines what the deceased owned, who inherits, and whether trusts or special distributions exist.

Safeguard the Estate Assets

Protecting the estate is one of your most important duties. This includes:

• Securing real property

• Locking or inventorying personal belongings

• Notifying financial institutions

• Preparing a complete list of assets and liabilities

• Ensuring valuables are not removed or used improperly

Tip: Meet with an estates lawyer early. This protects you and ensures every step complies with Ontario law.

Filing Requirements, Notifications & Probate

Depending on the nature of the estate, you may need to apply for probate - the court process confirming the validity of the will and your authority as Estate Trustee. Probate is required when:

• The estate includes real estate in Ontario

• Financial institutions demand court‑approved authority

• Assets are held solely in the deceased’s name

You must also:

• Notify beneficiaries and family members

• Pursue estate benefits (pensions, life insurance, CPP benefits)

• Identify and pay creditors

• Finalize or transfer utilities, accounts, and services

• Continue or wind up income streams

This step is often the most administratively heavy.

Final Steps Before Closing the Estate

Before your job is complete, several key tasks must be handled:

• Settle outstanding accounts and liabilities

• Distribute estate assets according to the will

• File the final tax return and obtain the CRA Clearance Certificate

• Obtain signed releases from beneficiaries

These protections ensure no future claims can be made against you.

The Bottom Line: Seek Professional Guidance

Administering an estate is rarely simple, and the responsibilities can be complex - especially during an emotional time. Working with an estates lawyer ensures:

• Your legal obligations are met

• Deadlines are not missed

• You are protected from liability

• The estate is administered efficiently and correctly

Need Help Navigating Your Role as Executor?

Our team is here to guide you through every step of the estate administration process. Whether you’ve just been appointed or are partway through, we can help you confidently manage your responsibilities.