Derfel Estate Law
March 11th, 2025
Estate administration is the process of organizing and distributing the assets of an estate to the beneficiaries. The executor is responsible for estate administration, including going through the probate process in Ontario, where needed.
Although still commonly used, in Ontario the term “probate” stopped being officially used on April 1, 1995 (no joke…).
This is when Ontario introduced the Estates Administration Act, 1995, which replaced the Estates Administration Act, 1990. The new law was introduced as part of wider reforms designed to streamline and update estate administration in Ontario. The new Estate Administration Act replaced the term “probate” with “Certificate of Appointment of Estate Trustee”. The new term reflects the replacement of “executor” or “executrix” with the term “estate trustee”.
In this article we will not refer to “probate”, rather we will use the proper term “Certificate of Appointment of Estate Trustee” or “Certificate”.
What Types of Certificates Can the Court Issue?
There are a number of Certificates that the court can issue. For the purpose of this article, we will address the two types most commonly issued and that beneficiaries of an estate are likely to deal with, which are:
- Certificate of Appointment of Estate Trustee With a Will. This type of Certificate is issued when the deceased left a valid will, and the named estate trustee applies to manage the estate.
- Certificate of Appointment of Estate Trustee Without a Will. This type of Certificate is issued when the deceased dies intestate (without a will), and an eligible person (often a spouse or next of kin) applies to be estate trustee.
What is the process to obtain a Certificate of Appointment, with or without a will? This article answers some of the most common questions and provides helpful guidance…
If you have been named an estate trustee it is advisable to speak with a knowledgeable estates lawyer as soon as possible, regardless of whether you believe the estate will be simple or straightforward. It is important that you fully understand the scope of your duties and obligations. A lawyer will:
Derfel Estate Law, Toronto
- Help you understand responsibilities;
- Highlight any risks and liabilities you must be aware of (including significant personal and financial liability);
- Help you gather all necessary paperwork and complete all relevant forms; and
- Provide guidance and advice throughout the probate and estate administration process.
