Being named an executor of a will — also called an estate trustee under Ontario law — is an honour and a serious legal responsibility. It means someone trusted you to carry out their final wishes. But many people don’t realize how much work and liability come with the role until they’re already in it.
If you’ve been asked to act as an executor or are considering naming one in your own will, it’s worth understanding what the job really involves.
The First Steps After Death
An executor’s first responsibility is to locate the will and secure the deceased’s property. This includes protecting the home, notifying banks, and ensuring valuables are safe.
If the estate requires probate in Ontario, the executor must apply to the Superior Court of Justice to confirm the will’s validity.
Managing the Estate
Once appointed, the executor assumes control of the deceased’s property — collecting assets, paying debts, filing taxes, and distributing the estate to beneficiaries. Depending on the situation, this might include selling real estate or managing investments.
Executors must also maintain accurate financial records. Beneficiaries have a legal right to request an accounting, and Ontario courts expect full transparency.
Communicating With Beneficiaries
Clear communication helps prevent conflict. Beneficiaries should be updated regularly about the estate process, expected timelines, and any major steps being taken. Miscommunication often leads to unnecessary disputes that could otherwise be avoided.
Risks and Personal Liability
Executors are legally responsible for handling estate funds properly. Mistakes such as distributing assets too early or missing tax filings can result in personal liability.
Many executors work with estate lawyers and accountants to ensure compliance — and professional fees are paid from the estate, not personally.
If you feel unable to manage the responsibility, you can renounce the appointment before acting as executor. It’s far better to decline than to risk errors later.
Why Choosing the Right Executor Matters
When making your own will, choosing the right executor is one of the most important decisions. They should be trustworthy, organized, and capable of managing both financial and family dynamics.
In complex estates, appointing co-executors or even a professional trustee may be the best solution.
Final Thoughts
Acting as an executor in Ontario is a demanding role with both emotional and legal challenges. Understanding your duties — or choosing someone who can fulfill them — helps ensure your estate is managed smoothly and respectfully.
If you’ve been named an executor or need guidance preparing your own will, contact Chapman Steffler LLP for professional legal advice.
Frequently Asked Questions
1. Can I refuse to act as an executor?
Yes. You can formally renounce before starting any estate work if you feel unprepared or unable to manage the duties.
2. Can an executor be held personally liable?
Yes. Executors can be personally responsible if they mishandle estate funds, ignore tax obligations, or fail to follow legal procedures.
3. Do executors get paid in Ontario?
Yes. Executors are entitled to fair compensation. Compensation can depend on the complexity of the estate and work involved.
