Ontario has the highest Estate Administration … 4 On the third day of every month, or oftener if required by the rules of court, every registrar shall transmit by mail to the Estate Registrar for Ontario a list, in such form and containing such particulars as are prescribed by such rules, of the grants of probate and administration made by the registrar’s court up to the last day of the preceding month, and the registrar shall in like manner make a return of every revocation of grant of probate or administration. R.S.O. 1990, c. E.22, s. 17 (2); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 1990, c. E.21, s. 9 (1); 2006, c. 19, Sched. (9) The judge may order the issue of a commission to take the testimony of any person or party residing out of Ontario. 1990, c. E.21, s. 45 (7); 1994, c. 27, s. 43 (2). 1990, c. E.21, s. 52 (1); 1998, c. 34, s. 63 (3); 2006, c. 19, Sched. (d)  on an application where there is no will, there is no will or codicil deposited in the Superior Court of Justice. R.S.O. C, s. 1 (1). R.S.O. R.S.O. (4) Subsection (3) does not affect the operation of subsection (2). 1990, c. E.21, s. 45 (3); 1994, c. 27, s. 43 (2). (2) When after the grant of probate or letters of administration any property belonging to the deceased at the time of his or her death and not included in such statement of total value is discovered by the executor or administrator, they shall, within six months thereafter, deliver to the registrar a true statement of the total value, duly verified by oath or affirmation, of such newly discovered property. 1990, c. E.22, s. 19. R.S.O. (3) Where the application or grant is limited to part only of the property of the deceased, it is sufficient to set forth in the statement of value only the property and value thereof intended to be affected by such application or grant. 1990, c. E.22, s. 2 (1). 28 Affidavits may be used in proceedings taken under this Act. 8, s. 1 (2)), “registrar” means a local registrar of the Superior Court of Justice; (“greffier”), Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 11, Sched. 11, s. 9), Estates Administration Act, RSO 1990, c E.22, <, This statute is current to 2019-12-08 according to the, 2. between Jun 22, 2006 and Dec 14, 2009 (past), 1. between Apr 3, 1995 and Jun 21, 2006 (past). 2017, c. 20, Sched. INFORMATION REQUIRED UNDER SECTION 4.1 OF THE ACT. (2) The administrator so appointed shall give such security as the court may direct, and has all the rights and powers of a general administrator, and is subject to the immediate control of the court. Fax: 416-222-4277 (8) Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein, or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by them to or for any such purpose, notice of taking the accounts shall be served upon the Public Guardian and Trustee. 1990, c. E.21, s. 44 (5); 2006, c. 19, Sched. C, s. 1 (1). 14 Where real property becomes vested under this Act in two or more persons beneficially entitled under this Act, they take as tenants in common in proportion to their respective rights, unless in the case of a devise they take otherwise under the will of the deceased. At whose instance executors or administrators compellable to account. 41 (1) The official administrator may make application for administration of the estate of a deceased person if the surviving spouse, all the heirs and next of kin of the deceased person who are in British Columbia and are competent to take out letters of administration renounce or request that an administrator of the estate be appointed. 2020, c. 11, Sched. R.S.O. CONTENTS. R.S.O. 1990, c. E.21, s. 12. 1990, c. E.22, s. 9 (3). 1990, c. E.22, s. 23 (1). 1990, c. E.21, s. 52 (2). “will” includes a testament and all other testamentary instruments of which probate may be granted. R.S.O. R.S.O. 3 The registrar shall file and preserve all original wills of which probate or letters of administration with the will annexed are granted, and all other papers used in any matter in the registrar’s court, subject to such conditions as are prescribed by the rules of court. 1990, c. E.22, s. 26. It will be used by the Ministry of Finance to enforce compliance with the Estate Administration Tax Act, 1998. R.S.O. 1990, c. E.21, s. 46. 1990, c. E.21, s. 9 (2). Judge may make an order appointing a person to take testimony. These changes, announced during the 2019 Ontario Budget, are intended to provide some relief from the onerous estate administration tax regime. R.S.O. 2, s. 31 (10). R.S.O. R.S.O. R.S.O. 15 A notarial will made in the Province of Quebec may be admitted to probate without the production of the original will upon filing a notarial copy thereof together with the other proper proofs to lead grant. 1990, c. E.21, s. 36 (1). 1990, c. E.21, s. 8 (1). 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) 1990, c. E.21, s. 44 (1). R.S.O. 2 The office of the local registrar of the Superior Court of Justice is a depository for all wills of living persons given there for safekeeping, and the local registrar shall receive and keep those wills under such regulations as are prescribed by the rules of court. Cancellation of bond of administrator in distribution of estate. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (5) of the Act is amended by striking out “in Form 3” at the end and substituting “in the form prescribed by regulation under subsection (7)”. (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. Legislative History: 346/19. C, s. 1 (1). (3) Where a person dies wholly intestate as to his or her property, or leaving a will affecting property but without having appointed an executor thereof willing and competent to take probate, or where the executor was at the time of the death of such person resident out of Ontario, and it appears to the court to be necessary or convenient by reason of the insolvency of the estate of the deceased, or other special circumstances, to appoint some person to be the administrator of the property of the deceased, or of any part of such property, other than the person who if this subsection had not been enacted would have been entitled to the grant of administration, it is not obligatory upon the court to grant administration to the person who if this subsection had not been enacted would have been entitled to a grant thereof, but the court may appoint such person as it thinks fit upon his or her giving such security as it may direct, and every such administration may be limited as it thinks fit. 8, s. 2. (2) Subject to subsection (3), where a person dies wholly intestate as to his or her property, or leaving a will affecting property but without having appointed an executor thereof, or an executor willing and competent to take probate and the persons entitled to administration, or a majority of such of them as are resident in Ontario, request that another person be appointed to be the administrator of the property of the deceased, or of any part of it, the right that such persons possessed to have administration granted to them in respect of it belongs to such person. • Amendments are contained in section 4.1 • The Minister of Revenue now has jurisdiction to enforce the EATA. R.S.O. R.S.O. Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2020, c. 11, Sched. 1990, c. E.21, s. 44 (7); 2006, c. 19, Sched. Consent to jurisdiction of Superior Court of Justice in certain cases. 1990, c. E.21, s. 1; 1999, c. 12, Sched. C, s. 1 (1). 1990, c. E.21, s. 45 (5). Real and personal property assimilated in matters of administration. 1990, c. E.21, s. 26 (2). R.S.O. 6 When any part of the real property of a deceased person vests in his or her personal representative under this Act, such personal representative, in the interpretation of any Act of the Legislature or in the construction of any instrument to which the deceased was a party or under which the deceased is interested, shall, while the estate remains in the personal representative, be deemed in law the deceased’s persons heir, in respect of such part, unless a contrary intention appears, but nothing in this section affects the beneficial right to any property or the construction of words of limitation of any estate in or by any deed, will or other instrument. (See: 2020, c. 11, Sched. (a)  the person to whom the deceased was married immediately before the death of the deceased or person with whom the deceased was living in a conjugal relationship outside marriage immediately before the death; (c)  the person mentioned in clause (a) and the next of kin. R.S.O. The 2019 Ontario budget announced two small but important changes to estate administration that are effective January 1, 2020. The Estate Administration Tax Act, 1998 is amended by adding the following section: Application of Act R.S.O. Right of persons interested to be heard on appeal. R.S.O. R.S.O. The Estate Administration Act was proclaimed in force June 1st, 2015. 1990, c. E.22, s. 23 (2). Extent to which real property remains liable to debts and personal liability of beneficiary. 16 Unless the court orders otherwise, probate or administration shall not be granted until the registrar has confirmed that. C, s. 1 (1). 15 (1) Where a minor is interested in real property that but for this Act would not devolve on the personal representative, no sale or conveyance is valid under this Act without the written approval of the Children’s Lawyer, or, in the absence of such consent or approval, without an order of a judge. R.S.O. R.S.O. R.S.O. 1990, c. E.22, s. 17 (3); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. 1990, c. E.21, s. 44 (10). When a person dies, their assets are managed by an estate representative. 2020, c. 11, Sched. 1 In this Act, “court” means the Superior Court of Justice; (“cour”) “judge” means a … 8, s. 1 (1)), “county” includes a territorial district; (“comté”), “matters and causes testamentary” includes all matters and causes relating to the grant and revocation of letters probate of wills or letters of administration; (“matières et causes testamentaires”), 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 1 of the Act is amended by adding the following definition: (See: 2020, c. 11, Sched. For many seniors, whose Wills stipulate that they will act as their spouse’s executors, this is an important new law. 1990, c. E.21, s. 20; 2006, c. 19, Sched. 1990, c. E.21, s. 7 (2). 8, s. 1 (4). R.S.O. Live phone service to 11 pm, 7 days a week. 1990, c. E.22, s. 25 (1). 26 Subject to section 53 of the Trustee Act, no distribution shall be made on an intestacy until after one year from the death of the intestate, and every person to whom in distribution a share is allotted shall, if any debt owing by the intestate is afterwards sued for and recovered or otherwise duly made to appear, refund and pay back to the personal representative the person’s rateable part of that debt and of the costs of suit and charges of the personal representative by reason of such debt out of the part or share so allotted to the person, thereby to enable the personal representative to pay and satisfy such debt, and shall give bond with sufficient sureties that the person will do so. R.S.O. 8, s. 2). Effect of accepting share of purchase money. 31 (3-5). 2, s. 31 (6). 20 If it appears by the certificate of the Estate Registrar for Ontario that application for probate or administration has been filed in two or more court offices, the proceeding shall be stayed until, on motion, a judge of the Superior Court of Justice determines where the application will proceed. C, s. 1 (1). R.S.O. 11, s. 8 (2)). Consolidation Period: From November 14, 2017 to the e-Laws currency date. Certificate from Estate Registrar for Ontario. 11, s. 8 (4)). C, s. 1 (1). This is the English version of a bilingual regulation. R.S.O. (6) If the personal representative does not appeal from an order made under subsection (2) or (4), the Children’s Lawyer or any person beneficially interested in the estate may, by leave of a judge of the Divisional Court, appeal therefrom. Powers of executors and administrators as to selling and conveying real estate. 42 Where an executor or administrator has passed their final account and has paid into court or distributed the whole of the property of the deceased that has come to their hands, the judge may direct the bond or other security furnished by the executor or administrator to be delivered up to be cancelled. 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. R.S.O. R.S.O. Administration cum testamento annexo, where the deceased has left a will but has appointed no executor to it, or the executor appointed has died or refuses to act. 31 (1, 2). 1990, c. E.22, s. 7. Who to be defendants in action for foreclosure where no personal representative of mortgagor. R.S.O. 1990, c. E.22, s. 17 (1). (“testament”)  R.S.O. 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. Effective January 1, 2020, Ontario eliminated estate administration tax (also known as probate tax) on estates valued under $50,000. 1990, c. E.21, s. 11 (2); 2006, c. 19, Sched. (b)  while placed on active service under the National Defence Act (Canada). Consolidation Period: From July 8, 2020 to the e-Laws currency date. 8, s. 5). (See: 2020, c. 11, Sched. 1990, c. E.21, s. 13. 1990, c. E.21, s. 43; 1994, c. 27, s. 43 (2). R.S.O. 8, s. 5), Where application filed in more than one office. Rights of persons interested to be heard at appeal. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (1) of the Act is amended by striking out “in Form 1” and substituting “in the form prescribed by regulation under subsection (7)”. R.S.O. R.S.O. 16, 17 not to apply to administrators of personal estate only. Charles Ticker is a lawyer with over 35 years of experience. 1990, c. E.21, s. 44 (12). The EATA is the statute that governs Estate Administration Tax in Ontario. 11, s. 9), Note: On a day to be named by proclamation of the Lieutenant Governor, Form 3 of the Act is repealed. R.S.O. 5 Subject to section 32 of the Succession Law Reform Act, the real and personal property of a deceased person comprised in a residuary devise or bequest, except so far as a contrary intention appears from the person’s will or any codicil thereto, is applicable rateably, according to their respective values, to the payment of his or her debts, funeral and testamentary expenses and the cost and expenses of administration. Probate or letters ancillary to persons not residing in Commonwealth. Estate administration in Ontario can be a complex legal process. 1990, c. E.21, s. 45 (2); 2006, c. 19, Sched. Last amendment: 346/19. 21 (1) A person purchasing real property in good faith and for value from a person beneficially entitled, to whom it has been conveyed by the personal representative, by leave of a judge, is entitled to hold it freed and discharged from any debts and liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his or her will, but nothing in this section affects the rights of creditors as against the personal representative personally, or as against any person beneficially entitled to whom real property of a deceased owner has been conveyed by the personal representative. B, s. 36; 2006, c. 19, Sched. 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. (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. R.S.O. (13) Where a claim is established under this section, no procedures shall be commenced to enforce payment of the claim without the permission of the judge. 11, s. 8 (1)). 1990, c. E.22, s. 25 (3). 8, s. 5), Duty of Estate Registrar for Ontario with reference to notices. 1990, c. E.21, s. 2; 2006, c. 19, Sched. 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. 36 (1) It is not necessary for the Government of Ontario or any ministry thereof or any Provincial commission or board created under any Act of the Legislature to give any security for the due performance of its duty as executor, administrator, trustee, committee, or in any other office to which it may be appointed by order of the court or under any Act. 20 Repealed:  2009, c. 33, Sched. 8, s. 3), Administration not to be granted to non-resident. R.S.O. R.S.O. (3) The personal representative has power, with the concurrence of the adult persons beneficially entitled thereto, and with the written approval of the Children’s Lawyer on behalf of minors or of the Public Guardian and Trustee on behalf of mentally incapable persons who have no guardian or attorney for property, if any, so entitled, to convey, divide or distribute the estate of the deceased person or any part thereof among the persons beneficially entitled thereto according to their respective shares and interests therein. R.S.O. 1990, c. E.21, s. 49 (9). (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. (2) The application may be made without notice or on such notice as the judge may direct. Search for children born outside marriage. (a)  no other application has been filed in respect of the estate; (b)  no notice of objection filed by a person who appears to have a financial interest in the estate is in effect; (c)  on an application where there is a will, there is no will or codicil of a later date than that for which the grant is sought deposited in the Superior Court of Justice; and. 6 Letters probate shall not be granted to a person not resident in Ontario or elsewhere in the Commonwealth unless the person has given the like security as is required from an administrator in case of intestacy or in the opinion of the judge such security should under special circumstances be dispensed with or be reduced in amount. R.S.O. (“représentant successoral”)  R.S.O. When a person dies they may leave behind belongings, real estate and other assets which is called their estate. 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. Claim within jurisdiction of Small Claims Court. (2) Real property that becomes vested in a person beneficially entitled thereto under section 9 continues to be liable to answer the debts of the deceased owner so long as it remains vested in such person, or in any person claiming under that person, not being a purchaser in good faith and for valuable consideration, as it would have been if it had remained vested in the personal representative, and in the event of a sale thereof in good faith and for value by such person beneficially entitled that person is personally liable for such debts to the extent of the proceeds of such real property. R.S.O. 1990, c. E.21, s. 19; 2006, c. 19, Sched. (2) Within thirty days after the receipt of such notice of contestation or within three months thereafter if the judge of the Superior Court of Justice on application so allows, 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 allowing the claim and determining the amount of it, and the judge shall hear the parties and their witnesses and shall make such order upon the application as the judge considers just, and if the claimant does not make such application, the claimant shall be deemed to have abandoned the claim and it is forever barred. Estates Administration Act. 2020, c. 11, Sched. 8, s. 5. Examination of persons touching such instruments. 1990, c. E.21, s. 29 (3). 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 (3); 2006, c. 19, Sched. 16 Notice of every application for the grant of probate or administration shall be transmitted by the registrar by registered mail to the Estate Registrar for Ontario by the next post after the application, and the notice shall specify the name and description or addition, if any, of the deceased, the time of his or her death, and the place of the deceased’s abode at his or her decease, as stated in the affidavits made in support of the application, and the name of the person by whom the application is made, and such other particulars as are prescribed by the rules of court. Now, although these changes are welcome, they are small and likely do not have a material impact. Introduction. R.S.O. 35 Except where otherwise provided by law, every person to whom a grant of administration, including administration with the will annexed, is committed shall give a bond to the judge of the court by which the grant is made, to enure for the benefit of the Accountant of the Superior Court of Justice, with a surety or sureties as may be required by the judge, conditioned for the due collecting, getting in, administering and accounting for the property of the deceased, and the bond shall be in the form prescribed by the rules of court, and in cases not provided for by the rules, the bond shall be in such form as the judge by special order may direct. (4) Except as otherwise provided by this Act, applications for a grant of probate or letters of administration are subject to the procedures set out in the rules of court and, in the case of small estates, to the procedures set out in the rules of court that are specific to small estates. (5) Where the application is made to the judge of the Superior Court of Justice, in addition to the persons to whom notice has been given, any other person who is interested in the estate has the right to be heard and to take part in the proceeding. May order trial and give directions as to pleadings, etc. 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 2 of the Act is repealed and the following substituted: (See: 2020, c. 11, Sched. 1990, c. E.21, s. 28; 2006, c. 19, Sched. R.S.O. (See: 2020, c. 11, Sched. Transmission to Estate Registrar for Ontario of list of grants, etc. (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. R.S.O. (2) Letters of verification issued in the Province of Quebec shall be deemed to be a probate within the meaning of this section. Estates Act Ontario: Introduction. R.S.O. R.S.O. Evaluation of subsequently discovered property. 1990, c. E.22, s. 24 (1). R.S.O. (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. 19 A person purchasing in good faith and for value real property from a personal representative in a manner authorized by this Act is entitled to hold it freed and discharged from any debts or liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his or her will, and from all claims of the persons beneficially entitled thereto, and is not bound to see to the application of the purchase money. R.S.O. C, s. 1 (1). Estate Administration and Probate Lawyers. 1990, c. E.21, s. 32 (3). R.S.O. R.S.O. (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). 1990, c. E.22, s. 17 (7). (2) This section extends to cases where a grant of probate of the will or of administration to the estate of the deceased may not have been made within the period after the death of the testator or intestate within which a caution is required to be registered. 2020, c. 11, Sched. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, subsection 47 (1) of the Act is amended by striking out “local registrar of the Superior Court of Justice” at the end and substituting “registrar”. R.S.O. 8, s. 5), Where probate or administration shall not be granted. (4) The personal representative, before the expiration of the three years, may register a certificate in Form 2 withdrawing the caution in respect of the real property described in the certificate, and, upon registration of the certificate, the real property described therein shall be treated as if the caution had expired. (6) Where the claim, or the part of it that is contested, amounts to $800 or more, instead of proceeding as provided by this section, the judge shall, on the application of either party, or of any of the parties mentioned in subsection (5), direct the creditor to bring an action for the recovery or the establishment of the creditor’s claim, on such terms and conditions as the judge considers just but, where the claimant and the personal representative consent to have the trial before the judge of the Superior Court of Justice, the trial shall take place and be disposed of before the Superior Court of Justice judge under this section. (See: 2017, c. 20, Sched. 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A complex legal process address and address for service is: Miltons Estates law 200-15 Fitzgerald Road Ottawa, CANADA! Of the pieces of legislation governing estate administration fee on an estate of the is! Or on such notice as the judge may direct K2H 9G1 Tel:.. Taking accounts to be tried by a jury in distribution of estate for!, etc., requisite for obtaining grant to party not next of kin for foreclosure where no personal ”... Authority to manage or distribute an estate representative 4.1 ( 1 ) s. 7. Who to deemed. Act applies to the e-Laws currency date to obtain assistance From a lawyer with over years... 16, 17 not to apply to administrators of personal representative under this Act include the will annexed firm practice... Filed with the bond 7 days a week fact arising in any under. Probate fees in the equity of redemption: 2020, c. E.21, 44. C. 23, s. 49 ( 4 ) and personal liability for debts incurred by the of. 200-15 Fitzgerald Road Ottawa, on CANADA K2H 9G1 Tel: 416-520-6120 s. 43 ( 2.. 4.1 ( 1 ) the bond faith against claims of creditors are intended to provide some From... Of Estates Act.As such, the new Act applies to the contrary of any bond or security heretofore by! Law 200-15 Fitzgerald estate administration act ontario Ottawa, on CANADA K2H 9G1 Tel: 416-520-6120 the attendance witnesses. From January 1 estate administration act ontario 2020 administration may be used by the executor does personal...

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