estate administration act ontario

C, s. 1 (1). R.S.O. 8, s. 1 (4)). 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. 31 A person entitled to letters of administration to the property of a deceased person is entitled to take out such letters limited to the personal estate of the deceased, exclusive of the real estate. INFORMATION REQUIRED UNDER SECTION 4.1 OF THE ACT. R.S.O. (See: 2020, c. 11, Sched. R.S.O. (2) If the testator or intestate had no fixed place of abode in Ontario or resided out of Ontario at the time of death, the application shall be filed in the office for the county or district in which the testator or intestate had property at the time of death. 2020, c. 11, Sched. Consolidation Period: From July 8, 2020 to the e-Laws currency date. Effect of accepting share of purchase money. One of the pieces of legislation governing estate administration in Ontario is the Estates Administration Act. (2) This section applies despite any provision to the contrary of any bond or security heretofore given by the executor or administrator. C, s. 1 (1). (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. Protection of purchasers from personal representatives. (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. B, s. 36. 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)”. New or additional security in certain cases. R.S.O. 1990, c. E.21, s. 49 (4). 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. 1990, c. E.21, s. 45 (1). 1990, c. E.21, s. 41 (2). Protection of purchasers from beneficiary. 1990, c. E.21, s. 8 (1). 27 An official copy of the whole or any part of a will or an official certificate of the grant of any letters of administration may be obtained from the registrar on payment of the prescribed fees. 34 Where a person renounces probate of the will of which the person is appointed an executor, the person’s rights in respect of the executorship wholly cease, 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. 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. (See: 2020, c. 11, Sched. R.S.O. Grant of probate or administration, jurisdiction. 1990, c. E.21, s. 49 (1); 2006, c. 19, Sched. R.S.O. 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. R.S.O. 8, s. 8). Registration of caution after three years from death of testator. 1990, c. E.22, s. 9 (6). 2, s. 31 (12). 20 Repealed:  2009, c. 33, Sched. R.S.O. 1990, c. E.21, s. 11 (3). (3) Where the claim is within the jurisdiction of the Small Claims Court, an application for the extension of time referred to in subsection (2) and the application for the order shall be made to the judge of a Small Claims Court in which an action for the recovery of the claim might be brought, and the application for the order shall be heard by the judge at the sittings of such court, but where the claimant and the personal representative consent, the applications may be made to the judge of the Superior Court of Justice. R.S.O. Our staff can't provide legal advice, interpret the law or conduct research. 1990, c. E.21, s. 38. 17 If the registrar determines that an 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. However, the province’s estate administration tax regime continues to impose some of the highest probate fees in the country. R.S.O. R.S.O. R.S.O. 8, s. 5), Duty of Estate Registrar for Ontario with reference to notices. Rights of persons interested to be heard at appeal. The person administering the estate (the administrator or executor) must follow the legal requirements of the estate administration process. Application by claimant for order for directions. (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. (See: 2017, c. 20, 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. R.S.O. 11, s. 8, 9. 1990, c. E.21, s. 44 (14); 2006, c. 19, Sched. Transmission to Estate Registrar for Ontario of list of grants, etc. 16 Unless the court orders otherwise, probate or administration shall not be granted until the registrar has confirmed that. Consolidation Period: From November 14, 2017 to the e-Laws currency date. 1990, c. E.21, s. 9 (2). 9 (1) Real property not disposed of, conveyed to, divided or distributed among the persons beneficially entitled thereto under section 17 by the personal representative within three years after the death of the deceased is, subject to the Land Titles Act in the case of land registered under that Act and subject to subsections 53 (3) and (5) of the Registry Act, and subject as hereinafter provided, at the expiration of that period, whether probate or letters of administration have or have not been taken, thenceforth vested in the persons beneficially entitled thereto under the will or upon the intestacy or their assigns without any conveyance by the personal representative, unless such personal representative, if any, has signed and registered, in the proper land registry office, a caution in Form 1, and, if a caution is so registered, the real property mentioned therein does not so vest for three years from the time of the registration of the caution or of the last caution if more than one was registered. 1990, c. E.21, s. 44 (11). 1990, c. E.21, s. 29 (3). R.S.O. You may be named in a will as someone’s estate representative. 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. 1990, c. E.21, s. 44 (6); 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. (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. The EATA is the statute that governs Estate Administration Tax in Ontario. 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 18 of the Act is repealed. 22 (1) The powers of a personal representative under this Act include. 2020, c. 11, Sched. R.S.O. (c) upon the expiration of such three-year period where no certificate of pending action or caution has been registered, subsection 21 (2) and section 23 apply as if such real property had become vested in the person beneficially entitled thereto under section 9. C, s. 1 (1). is deposited with an officer of the court as on a grant of probate or administration, the probate or letters of administration or other document shall, under the direction of the judge, be sealed with the seal of the Superior Court of Justice, and thereupon is of the like force and effect in Ontario as if the same had been originally granted by the Superior Court of Justice, and is, so far as regards Ontario, subject to any order made by such court, or on appeal therefrom, as if the probate or letters of administration had been granted thereby. (2) A bond shall not be required where the administration on an intestacy is granted to the surviving spouse of the deceased and where, (a)  the net value of the estate as computed for the purposes of section 45 of the Succession Law Reform Act 1990, c. E.21, s. 30. R.S.O. “will” includes a testament and all other testamentary instruments of which probate may be granted. R.S.O. 1990, c. E.21, s. 14 (2). R.S.O. (5) The certificate of withdrawal shall be verified by an affidavit of a subscribing witness in Form 3. 1990, c. E.21, s. 9 (1); 2006, c. 19, Sched. 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. (See: 2020, c. 11, Sched. R.S.O. Simply put, if an estate trustee does not deal with real property owned by an estate within three years of the … R.S.O. Application for order allowing commission. R.S.O. 1990, c. E.22, s. 21 (1). R.S.O. 1990, c. E.22, s. 11 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. An estate representative administers a deceased person’s estate. 1990, c. E.22, s. 25 (2). R.S.O. R.S.O. Power of courts as to assignment of bonds. 22 Upon a caveat being lodged, the registrar shall without delay send a copy thereof to the Estate Registrar for Ontario to be entered among the caveats lodged with him or her, and, upon notice of an application being received from the local registrar of the Superior Court of Justice under section 16, the Estate Registrar for Ontario shall without delay forward to him or her notice of any caveat that has been so lodged touching such application, and the notice shall accompany or be embodied in the certificate mentioned in section 17. (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. 1990, c. E.21, s. 49 (2). 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)”. Application of s. 4.1 (1) of the Act 2. 2 (1) All real and personal property that is vested in a person without a right in any other person to take by survivorship, on the person’s death, whether testate or intestate and despite any testamentary disposition, devolves to and becomes vested in his or her personal representative from time to time as trustee for the persons by law beneficially entitled thereto, and, subject to the payment of the person’s debts and so far as such property is not disposed of by deed, will, contract or other effectual disposition, it shall be administered, dealt with and distributed as if it were personal property not so disposed of. (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. 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. R.S.O. 1990, c. E.21, s. 50 (1). C, s. 1 (1). 1990, c. E.21, s. 3. 1990, c. E.21, s. 8 (2). (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. R.S.O. 1990, c. E.21, s. 7 (2). 11, s. 8 (4)). Program: Estate Administration Tax - Advisory & Compliance Branch. 38 The judge on application made in a summary way and on being satisfied that the condition of the bond has been broken may order the registrar to assign the bond to some person to be named in the order, and such person is thereupon entitled to sue on the bond in the person’s own name as if it had been originally given to the person, and shall recover thereon as trustee for all persons interested the full amount recoverable in respect of any breach of the condition of the bond. R.S.O. R.S.O. 1990, c. E.21, s. 45 (4). 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. (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. 1990, c. E.21, s. 37 (2). General power as to appointment of administrator under special circumstances. 11, s. 8 (4). 2, s. 31 (9). 1990, c. E.22, s. 2 (3). 41 (1) Where a surety for an administrator or guardian desires to be discharged from their obligation or where an administrator or guardian desires to substitute other security for that furnished by the surety, the judge may allow other security to be furnished in lieu of that of such surety or of the security so furnished on such terms as the judge considers proper, and the judge may direct that, on the substituted security being furnished, and, if the judge so directs, the accounts of the administrator or guardian being passed, the surety or sureties be discharged. 1990, c. E.21, s. 49 (10); 2006, c. 19, Sched. 1990, c. E.21, s. 44 (13). R.S.O. 1990, c. E.21, s. 15. R.S.O. 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.. R.S.O. R.S.O. (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. 1990, c. E.21, s. 52 (3); 2006, c. 19, Sched. He has helped executors administer … R.S.O. 1990, c. E.21, s. 52 (1); 1998, c. 34, s. 63 (3); 2006, c. 19, 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). 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. (3) Nothing in the section prejudices the right of any person to follow the property, or any property representing it, into the hands of any person other than a purchaser in good faith and for value, except that where there is no presumption or court finding of the parentage of a person born outside marriage until after the death of the deceased, a person entitled by virtue of a relationship traced through the birth is entitled to follow only property that is distributed after the personal representative has actual notice of an application to establish the parentage or of the facts giving rise to a presumption of parentage. R.S.O. Distribution by order within three years from death. R.S.O. Temporary administration in certain cases. In most cases, that person is the grieving spouse or children. R.S.O. “mortgagor” includes the assignee of a mortgagor and any person entitled to or interested in the equity of redemption. 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. 1990, c. E.21, s. 44 (10). 1990, c. E.21, s. 2; 2006, c. 19, Sched. 7 Where an estate or interest of inheritance in real property is vested on a trust or by way of mortgage in a person solely, it, on his or her death, despite any testamentary disposition, devolves to and becomes vested in the person’s executor or administrator in like manner as if it were personal estate vesting in him or her, and accordingly all the like powers for one only of several joint executors or administrators as well as for a single executor or administrator and for all the executors and administrators together to dispose of and otherwise deal with it belong to the deceased’s executor or administrator with all the like incidents but subject to all the like rights, equities and obligations as if it were personal estate vesting in him or her, and for the purposes of this section the executor or administrator of the deceased shall be deemed in law his or her heirs and assigns within the meaning of all trusts and powers. 2, ss. (3) The value of any real or personal property so advanced shall be deemed to be that, if any, which has been acknowledged by the child by an instrument in writing, otherwise the value shall be estimated according to the value of the property when given. (10) The judge may make an order for the taking of evidence before trial of any material and necessary witness residing in Ontario who is sick, aged or infirm or is about to leave Ontario and provide to whom notice of the examination is to be given. 8, s. 1 (4). (“testament”)  R.S.O. 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. R.S.O. (3) This section does not apply to estates tail or to the personal property, except chattels real, of a person who, at the time of death, is domiciled out of Ontario. 18 The acceptance by an adult of his or her share of the purchase money in the case of a sale by a personal representative that has been made without the written approval of the Children’s Lawyer or of the Public Guardian and Trustee, where such approval is required, is a confirmation of the sale as to him or her. 1990, c. E.22, s. 2 (1). (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. 1990, c. E.22, s. 25 (1). (6) Before a caution expires it may be reregistered and so on from time to time as long as the personal representative considers it necessary, and every caution continues in force for three years from the time of its registration or reregistration. 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