Who Can Be Administrator of an Estate in Ontario?

When a person dies without a will, they are said to have died intestate. Without a will, there is no executor named to handle the estate. Yet, someone still needs legal authority to collect assets, pay debts, and distribute what remains to the rightful heirs.

In Ontario, that role belongs to the Estate Trustee Without a Will, commonly called the administrator of the estate. The administrator has the same core duties as an executor, but instead of being appointed through a will, they are appointed by the Ontario Superior Court of Justice.

Understanding who can act as administrator and how this process works is critical for families managing an estate without a will.

Who Can Apply to Be Administrator of an Estate in Ontario?

 

Ontario law outlines a clear order of priority for who may apply to administer an intestate estate. The court generally considers applicants in this order:

1. Spouse – The surviving spouse has the first right to apply

2. Children – If there is no spouse, the adult children of the deceased may apply

3. Other relatives – Parents, siblings, or other next of kin may apply if there is no spouse or children

4. Public Guardian and Trustee – If no family member steps forward, the Public Guardian and Trustee may administer the estate

 

If more than one person wishes to act, they must either apply jointly or agree on who should take the lead. If they cannot agree, the court will decide who is best suited based on relationship, financial interest, and ability to manage the estate.

How the Appointment Process Works

 

Before taking any action, the proposed administrator must apply for a Certificate of Appointment of Estate Trustee Without a Will from the Ontario Superior Court of Justice. This certificate gives them legal authority to act on behalf of the estate.

The application process typically involves:

• Preparing and filing detailed court documents that identify the deceased, next of kin, and estimated estate value

• Paying the Estate Administration Tax (previously called probate fees)

• Providing formal notice to all beneficiaries who are entitled to inherit under Ontario’s intestacy laws

• Waiting for court approval, which can take several weeks or months depending on the court’s workload and the complexity of the estate

 

The Bond Requirement

 

When there is no will, the court frequently requires the proposed administrator to post a bond before granting the certificate. A bond is a form of financial protection that ensures beneficiaries and creditors are compensated if the administrator fails to properly manage the estate.

The amount of the bond is determined by the court based on the value and complexity of the estate, and the specific circumstances of the applicant. While the amount is often substantial, it can vary widely depending on the estate’s size, the number of beneficiaries, and any perceived risk.

A bond may be waived in certain circumstances, such as when:

• All adult beneficiaries consent in writing to the waiver

• The applicant is the sole beneficiary of the estate

• The estate is small or straightforward

• The court is satisfied that the applicant is trustworthy and financially responsible

 

Obtaining a bond involves applying to a surety company, providing financial information, and paying a premium. The process can be time-consuming and adds cost, which is why many applicants seek legal help to prepare the affidavits and consents needed to request a waiver.

Responsibilities of an Estate Administrator

 

Once appointed, the administrator is responsible for performing all the duties of an executor. This includes:

• Locating and safeguarding estate assets such as real property, investments, and personal belongings

• Managing ongoing expenses like insurance and utilities

• Paying funeral costs, debts, and any taxes owed

• Filing the deceased’s final income tax returns

• Distributing the remaining assets to lawful heirs in accordance with Ontario’s Succession Law Reform Act

• Keeping detailed records of every transaction and providing an accounting to beneficiaries when required

 

Administrators have a fiduciary duty to act with honesty, diligence, and in the best interests of the estate. Mismanagement, neglect, or failure to comply with legal obligations can lead to personal financial liability.

Challenges in Administering an Intestate Estate

 

Administering an estate without a will is often more complex than administering one with a clear executor and written instructions. Common challenges include:

• Disputes among family members over who should be appointed

• Difficulty locating assets or determining their value

• Uncertainty about legal heirs, particularly in blended or extended families

• Delays in obtaining court approval or securing a bond

• Increased costs due to the added legal and administrative steps

 

Because the estate must be distributed strictly according to Ontario’s intestacy laws, the outcome may not reflect the deceased’s personal wishes.

The Importance of Legal Guidance

 

Serving as an administrator is a serious legal responsibility. Even small mistakes can have financial or legal consequences. Early legal guidance can help prevent procedural errors, ensure that court filings are correct, and minimize the risk of disputes among family members. It can also help applicants prepare documentation for a bond waiver, which may simplify the process significantly.

How Kimel Law Group Can Help

 

At Kimel Law Group, we assist clients across Ontario with every stage of estate administration. Whether you are applying to become an administrator, seeking a bond waiver, or managing an intestate estate, our team provides practical, informed, and experienced support.

We prepare the necessary court materials, communicate with beneficiaries, and guide you through your obligations with precision and care.

Contact us today to schedule a consultation and learn how we can help you navigate the process of becoming an administrator of an estate in Ontario.