Being named as an executor is often both an honour and a significant responsibility. Many people are surprised to learn that administering an estate involves legal duties, financial obligations, and strict procedural steps. Executors are responsible for ensuring that the deceased person’s wishes are carried out and that the estate is administered in accordance with Ontario law.

Our firm was recently featured in a Sudbury.com spotlight article discussing the role of executors and the steps they should take to manage an estate responsibly.

What Does an Executor Do?

An executor is responsible for administering the estate of a deceased person. This role typically includes:

• locating the original will

• identifying and protecting estate assets

• determining whether probate is required

• paying outstanding debts and taxes

• communicating with beneficiaries

• distributing assets according to the will

Executors have a fiduciary duty to act honestly and in the best interests of the beneficiaries throughout the process.

Does an Estate Need Probate in Ontario?

In many cases, an executor must apply to the court for a Certificate of Appointment of Estate Trustee, commonly known as “probate.” This court process confirms the executor’s legal authority to act on behalf of the estate and may be required before banks, financial institutions, or land registries will release or transfer assets.

Probate may also involve payment of Estate Administration Tax, which is calculated based on the value of certain estate assets.

Executors Can Be Personally Liable

Executors should also understand that the role carries potential personal liability. For example, distributing estate funds before debts or taxes have been paid can create personal responsibility for those amounts.

Because of these risks, many executors seek legal guidance early in the estate administration process.

Learn More

We recently discussed these issues in greater detail in our Sudbury.com spotlight article:

Read the full article: Named as Executor? Here’s What You Need to Know

Executors may also find it helpful to review our free Executor Checklist, which outlines the key steps involved in administering an estate in Ontario.

Download the checklist here:

https://drive.google.com/file/d/1s7y-6NeM7UlmiLNk_Fa-hOL4zb4chrgk/view

Need Guidance as an Executor?

If you have been named executor and are unsure where to begin, obtaining legal advice early can help ensure the estate is administered properly and efficiently.

Our firm regularly assists executors with probate applications and estate administration across Northern Ontario. We are located in Sudbury, Ontario, but all necessary work can be completed remotely for our clients who live outside the area.