January 10, 2025

Executor Responsibilities in Ontario: Your Complete Checklist

Being named as an executor in Ontario? Learn your legal duties, responsibilities, and step-by-step guide to properly administering an estate.

Being named as an executor (officially called an "Estate Trustee" in Ontario) is both an honor and a significant responsibility. If you've been chosen for this role, you might be wondering: What exactly does an executor do, and where do I start?

What Is an Executor?

An executor is the person appointed in a will to carry out the deceased's final wishes. As executor, you become the legal representative of the estate with the authority and responsibility to:

• Secure and manage estate assets
• Pay debts and taxes
• Distribute assets to beneficiaries
• Handle legal and administrative matters

Your Legal Duties as an Executor

Fiduciary Duty

As executor, you owe a fiduciary duty to the estate and beneficiaries. This means you must:

• Act in the estate's best interests
• Avoid conflicts of interest
• Keep detailed records
• Act honestly and in good faith

Duty of Care

You must manage the estate with the same care a reasonable person would use for their own affairs.

Step-by-Step Executor Checklist

Immediate Steps (First 30 Days)

1. Secure the Deceased's Property

• Change locks if necessary
• Notify insurance companies
• Secure valuables
• Arrange for property maintenance

2. Locate Important Documents

• Original will
• Death certificate (obtain multiple copies)
• Insurance policies
• Bank statements
• Investment records
• Tax returns

Executor Compensation in Ontario

Executors in Ontario are generally entitled to reasonable compensation, which courts often calculate using the following guideline rates:

• 2.5% of estate value for routine administration
• 2.5% of estate income received/paid
• 0.4% of estate capital value annually for ongoing management
• Care and management fees for special circumstances

Common Executor Mistakes to Avoid

• Distributing assets too early - Always pay debts first
• Poor record keeping - Document everything
• Not communicating - Keep beneficiaries informed
• Acting outside authority - Follow the will precisely
• Mixing personal and estate funds - Always use estate account

Being an executor is challenging, especially while grieving. Don't hesitate to seek professional legal advice, ask questions, take your time with decisions, and delegate tasks where appropriate.