When Someone Dies - With or Without a Will
A will is an important legal document which sets out who will receive (inherit) a deceased person’s property and possessions and other personal matters.
With a Will
Find out if the deceased person left a will. Contact the estates division of their local Ontario court (List of Ontario Court Addresses) to determine if the will has been filed. It could just as easily be with their lawyer, in a safety deposit box, or hidden in their home.
Once the will is located it may or may not go to probate in the courts to decide on its legality. The executor of the estate carries out the wishes contained in the will.
Certificate of Appointment of Estate Trustee (with a will)
The Certificate of Appointment of Estate Trustee with a will (formerly known as Letters Probate) is a court grant confirming that the executor named in the will is the legal executor of the will. The certificate also includes an official transcript of the will. The application to file a Certificate of Appointment of Estate Trustee with a will is filed at the Superior Court of Justice located in the county or district where the deceased had his or her permanent residence.
Without a Will
If the person dies without a will (intestate), the estate will be distributed according to the law (Administration of Estates). In this situation, you may wish to contact a lawyer. If the deceased person has no relatives in Ontario, you may wish to contact the Office of the Public Guardian and Trustee, Estates Section, to discuss what to do next.
- How to Make a Claim as an Heir
- If the deceased person's nearest relative is a minor child (under the age of 18 years) you can contact the Office of the Children's Lawyer
Certificate of Appointment of Estate Trustee (without a will)
The Certificate of Appointment of Estate Trustee without a will (formerly known as Letters of Administration) is a court grant appointing an administrator to distribute the estate of a person dying without a will. The same thing happens if the executor named in the will has since died.
Finding a Lawyer
Having a lawyer can help clarify the rights and responsibilities of an executor.
- Law Society of Upper Canada: Finding a Lawyer or Paralegal
