Worked Examples and Checklists
Executor checklist for Canada: the first 12 months of settling an estate
An executor and liquidator checklist for Canada: securing assets, probate, final tax returns, claim deadlines, the clearance certificate and distribution.
An executor in Canada (an estate trustee in Ontario, a personal representative in BC, a liquidator in Quebec) has five jobs, roughly in this order: find the will and secure the assets, build an inventory of what passes through the estate and what does not, obtain probate if institutions require it and pay the provincial fee or tax, file the tax returns and obtain a CRA clearance certificate, and only then pay debts and distribute to the beneficiaries. The deadlines that catch people out are the final T1 return (30 April after the year of death, or six months after a November or December death), Ontario's Estate Information Return (180 days after the certificate), and the claim periods for dependants and spouses: six months in Ontario and 180 days in BC after probate. Distributing too early can make you personally liable.
Part of the worked examples for estates and separation. Print-friendly version: the executor first steps checklist tool. General information, not legal advice.
Month 0–1: secure and notify
- Find the original signed will and codicils. In Quebec, request searches of the Chambre des notaires and Barreau will registries. In BC, search the wills notice registry.
- Get the funeral director's statement of death and order the provincial death certificate (several copies).
- Follow any funeral wishes and keep receipts; reasonable funeral costs are paid first from the estate.
- Secure property: lock the home, keep it heated, notify the home and car insurers (vacancy clauses often apply after a set number of days), take car keys and valuables to safety.
- Redirect mail; cancel subscriptions, phone and utilities that are no longer needed.
- Notify Service Canada (CPP, OAS) or Retraite Québec (QPP), employers and pension plans, and apply for the CPP/QPP death benefit and survivor's pension where eligible.
- Notify the CRA (and Revenu Québec in Quebec) of the date of death; return benefit payments made after death.
Month 1–3: inventory and probate decision
- Make an asset list with values at the date of death and how each passes:
| Asset type | How it passes | Needed for probate value? |
|---|---|---|
| Home in sole name | Will or intestacy | Yes |
| Home held jointly with spouse | Survivorship to spouse | No |
| Bank and investment accounts in sole name | Will | Yes |
| RRSP/RRIF/TFSA with named beneficiary or successor | Directly to that person | No, but the RRSP tax is still the estate's |
| Life insurance with named beneficiary | Directly | No |
| Vehicles | Will | Yes |
| Digital assets and loyalty points | Will and the provider's terms | Sometimes |
- List debts: cards, lines of credit, loans, taxes, support arrears. Consider advertising for creditors where your province's practice expects it.
- Ask each institution what it needs to release funds: some release small amounts with a death certificate, a copy of the will and an indemnity.
- Decide whether to apply for probate. In Ontario, estates up to $150,000 can use the small estate certificate.
- Open an estate bank account and pay all estate expenses from it.
Month 3–6: court and money
- File the probate application with the court and pay the provincial fee or tax: see probate fees by province.
- Ontario: file the Estate Information Return within 180 days after the estate certificate is issued; amend it within 60 days of learning of new values.
- Collect assets, close accounts, and decide whether to sell or transfer real estate.
- Keep a ledger of every receipt and payment for the final accounting.
The claim windows
Do not make a final distribution before these have passed, unless you have advice or releases:
| Claim | Province | Deadline |
|---|---|---|
| Dependant's support (SLRA Part V) | Ontario | Six months after the certificate of appointment, though undistributed assets remain exposed |
| Spouse's election for equalization (FLA s. 6) | Ontario | Six months after death |
| Wills variation (WESA s. 60) | BC | 180 days after the representation grant |
| Family maintenance and support | Alberta | Six months after the grant, under the Wills and Succession Act |
| Quebec survival of the obligation to provide support | Quebec | Six months after the death |
See dependants' relief and wills variation claims.
Month 4–12: taxes and clearance
- File the final T1 (and Quebec TP-1) by the deadline; consider optional returns. See the final return and RRSPs at death.
- File T3 trust returns for the estate's income after death.
- Pay all tax owing, then request the clearance certificate (form TX19) once assessments are issued; in Quebec, also the Revenu Québec certificate.
- Pay remaining debts in the correct order.
Distribution
- Prepare an accounting showing assets, receipts, expenses, compensation claimed and the proposed distribution.
- Get releases from beneficiaries, or have the accounts passed (approved) by the court if anyone objects.
- Pay minor beneficiaries' shares as the will directs (into a trust), or to the guardian of property or court if there is no trust.
- Keep records for at least six years.
Executor compensation (illustrative)
Executors can be paid. In Ontario, courts have commonly used a guideline of about 2.5% of receipts and 2.5% of disbursements, plus a care and management fee in some estates, but the amount must be fair and reasonable for the work done. In BC, the Trustee Act sets a maximum percentage of the gross value of the estate plus a share of income. Compensation is taxable income to the executor. A will can set a different amount, and beneficiaries can agree to it.
FAQ
Can I refuse to be an executor?
Yes, before you start acting. Once you have intermeddled with the estate, you may need a court order to step aside.
Do I need a lawyer?
Not always. Simple estates are often handled by family members with forms and guidance. Hire a lawyer, or in Quebec a notary, if there is a dispute, a business, foreign property, minors or uncertainty about the will.
What if the estate cannot pay all its debts?
Stop and get advice. An insolvent estate must pay creditors in a set order, and beneficiaries receive nothing until debts are paid.
Sources
- Canada Revenue Agency — doing taxes for someone who died; clearance certificate
- Government of Ontario — estate administration tax and the Estate Information Return
- Clicklaw — BC executor guides
- Government of Alberta — wills and estates, surrogate forms
- Éducaloi — the role of the liquidator in Quebec
