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Who Can Be Estate Trustee Without a Will in Ontario?

by | Sep 4, 2025 | Estate Administration, Probate

When someone passes away without leaving a will, they’re considered to have died intestate. That means there’s no executor named – so, who takes charge? In Ontario, the court appoints someone to administer the estate, and that person is called an Estate Trustee Without a Will.

Who Has Priority to Apply?

 

Ontario law sets a clear order of who may apply to serve:

  1. Spouse – typically first in line

  2. Children – if there is no spouse

  3. Other relatives – such as parents or siblings, if no spouse or children exist

 

If multiple parties qualify, they must either apply jointly or the court will resolve who is most suitable.

What Does the Estate Trustee Without a Will Do?

 

This role carries all the responsibilities of an executor named in a will, including:

  • Assembling and valuing estate assets

  • Settling debts and filing taxes

  • Distributing assets according to intestacy laws, rather than personal wishes

 

Estate Trustee duties are fiduciary in nature – meaning they must act in the best interests of the estate and beneficiaries. It’s a complex role with legal ramifications.

What Can Go Wrong?

 

Navigating this role without guidance can expose the trustee to delays, disputes, and even personal liability:

  • Waiting too long to apply for certification of appointment can delay access to assets and cause complications with financial institutions

  • Poor communication with heirs may result in mistrust or even legal challenges – our Top 5 Mistakes Executors Make in Ontario dives deeper into these pitfalls

  • Failing to keep proper records or pay creditors and taxes first can lead to liability for mistakes

 

Why a Will Matters

 

Having a will — and naming an executor – avoids these issues entirely. A will grants clear authority, streamlines the process, and better protects your loved ones from confusion or disputes.

How Kimel Law Group Can Help

 

At Kimel Law Group, we help Ontario families through estate matters with or without a will. If you’re navigating the appointment of an Estate Trustee Without a Will, we can:

  • Explain eligibility and assist in preparing your application

  • Handle the probate process – similar to steps we guide executors through in our probate and administration services

  • Keep your estate on track with transparent communication, careful accounting, and legal safeguards

 

Contact us today to book a consultation, and let us help you manage the estate process with confidence and clarity.

The information and comments herein are for the general information of the reader and are not intended as advice or opinion to be relied upon in relation to any particular circumstances. For particular application of the law to specific situations, the reader should seek professional advice.