12 On every application for probate of a will or for letters of administration where the deceased had no fixed place of abode in or resided out of Ontario at the time of his or her death, the same shall be made to appear by affidavit of the person or one of the persons making the application to the court, and that the deceased died leaving property, or leaving no property in Ontario, as the case may be, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. Last amendment: 2017, c. 20, Sched. Consolidation Period: From January 1, 2020 to the e-Laws currency date. C, s. 1 (1). 1990, c. E.22, s. 17 (2); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 1990, c. E.21, s. 45 (2); 2006, c. 19, Sched. 1990, c. E.21, s. 50 (1). The job of an estate trustee is very arduous, and involves a substantial degree of trust, since the person who is appointed will have access and control of all of the assets in the estate. 1990, c. E.22, s. 15 (1); 1994, c. 27, s. 43 (2). 14 (1) If the next of kin, usually residing in Ontario and regularly entitled to administer, is absent from Ontario, the court having jurisdiction may grant a temporary administration to the applicant, or to such other person as the court thinks fit, for a limited time, or subject to be revoked upon the return of such next of kin to Ontario. 2, s. 31 (10). 1990, c. E.21, s. 10 (1); 2006, c. 19, Sched. 1990, c. E.21, s. 49 (9). C, s. 1 (1). Approval of Children’s Lawyer or of Public Guardian and Trustee. Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 of the Act is amended by adding the following subsection: (See: 2017, c. 20, Sched. (5)-(7) Repealed: 1997, c. 23, s. 8 (2). 1990, c. E.22, s. 17 (1). 8, s. 6. (3) The letters of administration shall not be sealed with the seal of the Superior Court of Justice until a certificate has been filed under the hand of the registrar of the court that issued the letters that security has been given in such court in a sum of sufficient amount to cover as well the assets within the jurisdiction of such court as the assets within Ontario, or in the absence of such certificate, until like security is given to the judge of the Superior Court of Justice covering the assets in Ontario as in the case of granting original letters of administration. pay the estate administration tax on the estimated value; provide a written undertaking to the court stating that you will, within six months after giving the undertaking, file a sworn statement of the total value of the estate and pay the balance of any additional tax owing (if any) 40 (1) Where a surety for an administrator or guardian dies or becomes insolvent or where for any other reason the security furnished by an administrator or guardian becomes inadequate or insufficient, the judge may require other or additional security to be furnished, and if it is not furnished as directed by the judge, he or she may revoke the grant of administration or letters of guardianship. Estates Act Ontario: Introduction. Protection of purchasers from personal representatives. (b) there is filed with the application for administration an affidavit setting forth the debts of the estate. 8, s. 4. Devolution to personal representative of deceased. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 4 of the Act is repealed. 1990, c. E.22, s. 17 (8). Right of persons interested to be heard on appeal. (a) power to lease from year to year while the real property remains vested in the personal representative; (b) power, with the approval of the majority of the persons beneficially entitled thereto representing together not less than one-half of all the interest therein including the Children’s Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property, to lease for a longer term; (c) power to mortgage for the payment of debts. 1990, c. E.21, s. 37 (2). C, s. 1 (1). R.S.O. Cancellation of bond of administrator in distribution of estate. Each chapter in Ontario Estate Administration, 8th Edition provides a summary of the law and practice in a specific area of estate administration – from court applications (both with and without a will), to estate conveyancing, to powers of attorney and guardianship. In Alberta, the probate fee on an estate of the same value would be $525. 13 Any person beneficially entitled to any real property affected by the registration or reregistration of a caution may apply to a judge to vacate the registration or reregistration, and the judge, if satisfied that the vesting of any such real property in such person or of any property of the deceased in any other of the persons beneficially entitled ought not to be delayed, may order that the registration or reregistration be vacated as to such property, and every caution, the registration or reregistration of which is so vacated, thereafter ceases to operate. 8, s. 6. 8, s. 2. Claim within jurisdiction of Small Claims Court. R.S.O. R.S.O. R.S.O. 1990, c. E.21, s. 44 (12). C, s. 1 (1). (2) Letters of verification issued in the Province of Quebec shall be deemed to be a probate within the meaning of this section. Probate is a procedure to ask the court to: 1. give a person the authority to act as the estate trustee of an estate; or 2. confirm the authority of a person named as the estate trustee in the deceased’s will 3. formally approve that the deceased’s will is their valid last will. (2) The Lieutenant Governor in Council may make regulations prescribing an amount for the purposes of the definition of “small estate” in subsection (1). Evaluation of subsequently discovered property. 1990, c. E.22, s. 6. In Ontario, an estate trustee is the only person with the legal authority to manage or distribute an estate. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Estate Administration Tax Act, 1998 1. R.S.O. An Act to abolish the estate administration tax and provide for related matters. R.S.O. R.S.O. 11 (1) On every application for probate of a will or for letters of administration where the deceased was resident in Ontario at the time of his or her death, the deceased’s place of abode at the time of his or her death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. 1990, c. E.21, s. 44 (14); 2006, c. 19, Sched. Our staff can't provide legal advice, interpret the law or conduct research. 1990, c. E.21, s. 27. The probate process is now under the Ministry of Finance which has up to four years to audit an estate after a person’s death and can assess additional taxes as a result. 11, s. 8 (3)). R.S.O. 31 (3-5). B, s. 36; 2006, c. 19, Sched. When a person dies, their assets are managed by an estate representative. C, s. 1 (1). (4) Not less than seven days notice of the application shall be given to the personal representative, and where the application is to be made to the judge of the Superior Court of Justice, shall also be given to the Children’s Lawyer if minors are concerned, and to such, if any, of the persons beneficially interested in the estate as the judge may direct. (8) The powers of a personal representative under subsection (2), (3) or (6) have heretobefore been and shall hereafter be exercisable during the period of three years from the death of the deceased without an order of a judge, provided that, (a) real property conveyed, divided or distributed by virtue of such powers to or among the persons beneficially entitled thereto, shall be deemed to have been and to be liable for the payment of the debts of the deceased owner as if no conveyance, division or distribution had been made, even though it has subsequently during such three-year period been conveyed to a purchaser or purchasers in good faith and for value, but, in the case of such purchaser or purchasers, such liability shall only continue after the expiry of such three-year period if some action or legal proceeding has been instituted by the creditor, or an assignee or successor of the creditor to enforce the claim and a certificate of pending action or a caution has, before such expiry, been registered against the property; and that, (b) although such liability has applied and shall apply as aforesaid in respect of real property so conveyed, divided or distributed, any such purchaser, in good faith and for value, shall be deemed to have had and to have a right to relief over against the persons beneficially entitled, and where such conveyance, division or distribution was made by the personal representative with knowledge of the debt in respect of which claim is made, or without due advertisement for creditors, then against such personal representative; and that. Introduction. R.S.O. 26 (1) Where a minor is sole executor, administration with the will annexed shall be granted to the guardian of the minor or to such other person as the court thinks fit, until the minor has attained the full age of eighteen years, at which time, and not before, probate of the will may be granted to the minor. (“représentant successoral”) R.S.O. 2020, c. 11, Sched. R.S.O. (8) This section applies, even if the claim or demand is not presently payable, and that, for that reason, an action for the recovery of it could not be brought. This statute is current to 2019-12-08 according to the, 2. between Mar 9, 2005 and Jun 21, 2006 (past), 1. between Jan 1, 2004 and Mar 8, 2005 (past). 1990, c. E.22, s. 28. 1990, c. E.22, s. 12. (2) This section applies to property over which a person executes by will a general power of appointment as if it were property vested in the person. R.S.O. 31 (1, 2). 1998, c. 34, Sched., s. 7 (3). (5) Upon the application of the personal representative or of any person beneficially entitled, the court may, before the expiration of three years from the death of the deceased, direct the personal representative to divide or distribute the estate or any part thereof to or among the persons beneficially entitled according to their respective rights and interests therein. 23 (1) A purchaser in good faith and for value of real property of a deceased owner that has become vested under section 9 in a person beneficially entitled thereto is entitled to hold it freed and discharged from the claims of creditors of the deceased owner except such of them of which the purchaser had notice at the time of the purchase. 2020, c. 11, Sched. 2, s. 31 (6). C, s. 1 (1). (5) When an order is made under subsection (4), subsections 44 (9), (10), (11) and (12) apply. 1990, c. E.21, s. 52 (1); 1998, c. 34, s. 63 (3); 2006, c. 19, Sched. Proof, etc., requisite for obtaining grant to party not next of kin to intestate. R.S.O. Summary determination of disputes as to ownership. (11) A summons may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section. 29 (1) Subject to subsection (3), where a person dies intestate or the executor named in the will refuses to prove the will, administration of the property of the deceased may be committed by the Superior Court of Justice to. 10 (1) Any party or person taking part in a proceeding under this Act may appeal to the Divisional Court from an order, determination or judgment of the Superior Court of Justice if the value of the property affected by such order, determination or judgment exceeds $200. Where deceased had no fixed place of abode in Ontario. 1990, c. E.21, s. 44 (8). 1990, c. E.22, s. 9 (5). R.S.O. (See: 2020, c. 11, Sched. (2) Where the claim of a person against any other person would be barred by the Trustee Act at any time within three months after the death of the person having the claim, the claim shall for all purposes be deemed not to be barred until three months after the date of such death. 1990, c. E.22, s. 27; 1994, c. 27, s. 43 (2). Registration of caution after three years from death of testator. 1990, c. E.21, s. 45 (5). 5 Letters of administration shall not be granted to a person not residing in Ontario, but this does not apply to resealing letters under section 52. I am continuing my series of blogs to show how it would be very natural to appoint a licensed insolvency trustee (LIT or bankruptcy trustee) (formerly known as a bankruptcy trustee) as the estate trustee (formerly called an executor or executrix) of a solvent deceased estate under the Estates Act Ontario.. 1990, c. E.21, s. 40 (2). R.S.O. (2) If the advancement is less than the share, the child and his or her descendants are entitled to so much only of the real and personal property as is sufficient to make all the shares of the children in the real and personal property and advancement to be equal, as nearly as can be estimated. 1990, c. E.22, s. 22 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 1990, c. E.21, s. 16. 1990, c. E.21, s. 49 (4). 1990, c. E.22, s. 2 (2). 37 (1) The bond shall be in a penalty of double the amount under which the property of the deceased has been sworn, and the judge may direct that more than one bond be given so as to limit the liability of any surety to such amount as the judge considers proper. R.S.O. (See: 2020, c. 11, Sched. 1990, c. E.21, s. 5. 45 (1) Where any claim or demand not within the meaning of subsection 44 (1) is made against the estate of a deceased person or where the personal representative has notice or knowledge of the claim or demand, they may serve the claimant with the notice prescribed in the said subsection. R.S.O. R.S.O. 1990, c. E.21, s. 44 (11). Judge may make an order appointing a person to take testimony. (See: 2020, c. 11, Sched. (See: 2017, c. 20, Sched. 1990, c. E.21, s. 38. R.S.O. R.S.O. General power as to appointment of administrator under special circumstances. Purpose of Form: To be used by the Ministry of Finance to enforce compliance with the Estate Administration Tax Act, 1998. Powers of personal representative as to dividing estate among persons entitled. (2) The question directed to be tried by a jury shall be reduced to writing in such form as the court may direct. Anyone who has, after January 1, 2015, applied for and received a Certificate of Appointment as Estate Trustee from the Superior Court, must file a detailed Estate Information Return with the Ministry of Finance. 1990, c. E.21, s. 41 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (4) of the Act is amended by striking out “in Form 2” and substituting “in the form prescribed by regulation under subsection (7)”. 49 (1) A guardian appointed by the Superior Court of Justice may pass the accounts of the guardian’s dealings with the estate before the judge of the court by which letters of guardianship were issued. (7) The Minister responsible for the administration of this Act may make regulations prescribing forms for the purposes of this section and providing for their use. B, s. 36. (2) A judge may appoint himself or herself or another judge as local guardian of minors in a county or district during the pleasure of the judge, with authority to give such written approval instead of the Children’s Lawyer, and the Children’s Lawyer and local guardian are subject to such rules as the court may make in regard to their authority and duties under this Act. (10) Where accounts submitted to the judge of the Superior Court of Justice are of an intricate or complicated character and in the judge’s opinion require expert investigation, the judge may appoint an accountant or other skilled person to investigate and to assist him or her in auditing the accounts. (3) The judge, on passing any accounts under this section, has power to inquire into any complaint or claim by any person interested in the taking of the accounts of misconduct, neglect, or default on the part of the executor, administrator or trustee occasioning financial loss to the estate or trust fund, and the judge, on proof of such claim, may order the executor, administrator or trustee, to pay such sum by way of damages or otherwise as the judge considers proper and just to the estate or trust fund, but any order made under this subsection is subject to appeal. Now, although these changes are welcome, they are small and likely do not have a material impact. R.S.O. 11, s. 8 (1)). R.S.O. Although these amendments will not generally take effect before January 1, 2013, estate trustees and their advisors should be aware of the new tax audit and collection regime and the potentially severe consequences for non-compliance. 1990, c. E.21, s. 10 (3); 1994, c. 27, s. 43 (2). Consolidation Period: From November 14, 2017 to the e-Laws currency date. (4) Where a person beneficially entitled is a patient in a psychiatric facility under the Mental Health Act and the Public Guardian and Trustee is his or her guardian of property, the Public Guardian and Trustee may give the concurrence and approval required by subsections (2) and (3). “personal representative” means an executor, an administrator, or an administrator with the will annexed. • Amendments are contained in section 4.1 • The Minister of Revenue now has jurisdiction to enforce the EATA. Effect of accepting share of purchase money. Transmission to Estate Registrar for Ontario of list of grants, etc. Preservation of testamentary instruments, etc. For example, even under the proposed rules, Ontario’s estate administration fee on a $1-million estate would be $14,250. 8, s. 1 (4)). ONTARIO REGULATION 310/14. 11, s. 8 (4)). does not exceed the preferential share prescribed under subsection 45 (6) of that Act; and. 11, s. 8, 9. 1990, c. E.22, s. 1; 2006, c. 19, Sched. 43 Where an executor or administrator has produced evidence to the satisfaction of the judge that the debts of the deceased have been paid and the residue of the estate duly distributed, the judge may make an order directing the bond or other security furnished by the executor or administrator to be delivered up to be cancelled, but where a minor was or is entitled to a part of the estate under the distribution, the order shall not be made until after such notice as the judge may direct has been given to the Children’s Lawyer, and where any person who is a patient in a psychiatric facility under the Mental Health Act (2) Within the time limits mentioned in subsection 44 (2), the claimant may, upon filing with the registrar a statement of their claim verified by affidavit and a copy of the notice of contestation, apply to the judge of the Superior Court of Justice for an order for directions as to the disposition of the claim or demand, and if the claimant does not make the application, the claimant shall be deemed to have abandoned the claim, and it is forever barred. 1990, c. E.21, s. 32 (2). Administering an Indian Act Estate: General Information for Administrators. Probate or letters ancillary to persons not residing in Commonwealth. Live phone service to 11 pm, 7 days a week. 1990, c. E.22, s. 21 (1). R.S.O. (See: 2020, c. 11, Sched. R.S.O. R.S.O. What is Estate Administration Tax Estate Administration Tax, commonly referred to as probate tax or probate fees, is payable on the gross value of a deceased’s worldwide estate (less any R.S.O. 1990, c. E.21, s. 52 (2). R.S.O. In most cases, that person is the grieving spouse or children. An estate representative administers a deceased person’s estate. 27 The Lieutenant Governor in Council may appoint a temporary deputy of the Children’s Lawyer for the purposes of this Act who shall have all the powers of the Children’s Lawyer for such purposes. It replaces the Administration of Estates Act.As such, the new Act applies to the administration of all estates, applications and grants. 48 Every executor who is also a trustee under the will may be required to account for their trusteeship in the same manner as they may be required to account in respect of their executorship. R.S.O. 1990, c. E.21, s. 49 (3). Powers of personal representative over real property. When a person dies they may leave behind belongings, real estate and other assets which is called their estate. 8, s. 4). (7) Where the claim is within the jurisdiction of the Small Claims Court, the fees and costs shall be according to the tariff of that court and in other cases the fees payable to the judge of the Superior Court of Justice and to the registrar shall be the same as are allowed on an audit in an estate of a value equal to the amount of the claim or so much thereof as is contested, and the fees to be allowed to counsel or solicitors shall be fixed and determined by the Superior Court of Justice judge having regard to the amount involved and the importance of the contest. Estate Administration and Probate Lawyers. R.S.O. R.S.O. a number of amendments to the Estate Administration Tax Act (EATA). Grant of probate or administration, jurisdiction. (5) Subsection (3) ceases to apply if, following the discovery of property belonging to the deceased in the circumstances described in subsection 32 (2), the estate ceases to be a small estate. 1990, c. E.21, s. 4. R.S.O. (14) Where permission to enforce payment of a claim is given, the order shall be filed in the Superior Court of Justice and an execution shall issue as upon a judgment of that court and an order for payment of costs may be entered in the same way. C, s. 1 (1); 2009, c. 33, Sched. 46 Where the personal representative of a person claims the ownership of any personal property not exceeding in value $800 and the claim is disputed by any other person, the dispute may be determined in a summary manner and section 44 applies with necessary modifications. 1990, c. E.21, s. 7 (2). 25 When an executor survives the testator, but dies without having taken probate, and when an executor is summoned to take probate, and does not appear, the executor’s right in respect of the executorship wholly ceases, and the representation to the testator, and the administration of the testator’s property, without any further renunciation, goes, devolves, and is committed in like manner as if such person had not been appointed executor. 11, s. 8, 9. 1990, c. E.22, s. 11 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. (4) Subsection (3) does not affect the operation of subsection (2). 1990, c. E.21, s. 17. 1990, c. E.21, s. 2; 2006, c. 19, Sched. 1992, c. 32, s. 10. You can apply for probate in the O… 2020, c. 11, Sched. R.S.O. 2020, c. 11, Sched. R.S.O. This Toronto office is a boutique litigation law firm whose practice is focused on estate and commercial litigation. 8, s. 1 (4). (2) The order may be made by the judge on the judge’s own initiative or on the application of any person interested. 1990, c. E.21, s. 43; 1994, c. 27, s. 43 (2). 1990, c. E.22, s. 22 (2); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 8, s. 7). R.S.O. 11 (1) Where a personal representative has not registered a caution within the proper time after the death of the deceased or has not reregistered a caution within the proper time, the personal representative may register or reregister the caution, as the case may be, if there is registered therewith, (b) a further affidavit stating that the personal representative finds or believes that it is or may be necessary to sell the real property of the deceased, mentioned in the caution or part thereof, under the powers and in fulfilment of the duties of the personal representative and, as far as they are known to the personal representative, the names of all persons beneficially interested in the real property, and whether any, and, if so, which of them, are minors or mentally incapable persons; and, (c) the written consent of every adult, of the Children’s Lawyer on behalf of every minor, and of the Public Guardian and Trustee on behalf of every mentally incapable person who has no guardian or attorney for property, whose property or interest would be affected, and an affidavit verifying the consent; or. 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