Naming an Executor in Ontario: Duties and Responsibilities

What is an Executor?

In Ontario, the legal term is Estate Trustee, but most people still use the term Executor. This is the person you name in your Will to carry out your wishes, manage your assets after your death, pay your debts, and distribute the remainder to your beneficiaries.

The Duties of an Executor

Being an Executor is not just an honorary title; it is a difficult, time-consuming job that carries significant legal liability. Their duties typically include:

• Making Funeral Arrangements: The Executor has the ultimate legal authority to decide on funeral and burial arrangements, regardless of the family's wishes (though good Executors try to honor them).
• Securing Assets: Finding the Will, securing the deceased's home, car, and personal property, and locating all bank accounts.
• Applying for Probate: Filing the Will with the Ontario Superior Court of Justice to get a Certificate of Appointment of Estate Trustee.
• Paying Debts and Taxes: The Executor must file the deceased's final terminal tax return with the CRA and pay off all creditors. If the Executor distributes money to beneficiaries before paying the Canada Revenue Agency, the Executor is personally liable to pay the tax bill out of their own pocket.
• Distributing the Estate: Finally, cutting the cheques to the beneficiaries named in the Will.

Who Should You Choose?

Choose someone who is highly organized, financially literate, geographically close (preferably living in Ontario), and emotionally resilient enough to deal with grieving family members. Most importantly, choose an alternate Executor in case your first choice passes away, falls ill, or simply refuses the incredibly stressful job.