One of the most common questions we hear from beneficiaries is: “Why is this taking so long?” Estate administration in Ontario can be a complex process, and while there is no fixed deadline by law, executors are expected to move at a reasonable pace.
If you’re an executor unsure of your duties—or a beneficiary concerned about delays—understanding the legal expectations and timelines can help protect everyone’s interests.
What Is a “Reasonable Timeframe”?
Ontario law does not impose a strict deadline on when an estate must be distributed. Instead, executors are required to act diligently and complete administration within a reasonable time.
The general rule of thumb is known as the “executor’s year”—a common law principle suggesting that most estates should be wrapped up within 12 months of the date of death.
However, this is not a hard rule, and several legitimate factors can extend the timeline.
Why Might Estate Distribution Be Delayed?
There are many reasons an estate might take longer than a year to distribute:
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Probate Delays – If probate is required, the court process can take weeks or months, depending on the complexity and backlog.
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Asset Valuation – Real estate, investments, or private businesses may need professional appraisals before distribution.
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Tax Clearance – Executors are responsible for filing final tax returns and often wait for a Clearance Certificatefrom the CRA before distributing funds.
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Disputes or Challenges – Will challenges, claims by dependants, or disagreements among beneficiaries can significantly stall administration.
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Debts and Creditors – Executors must ensure all debts are paid before distributing assets to avoid personal liability.
What Happens If an Executor Takes Too Long?
If an executor is dragging their feet without justification, beneficiaries have options. They may:
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Request a formal accounting of the estate’s administration.
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Apply to the court to compel the executor to pass their accounts.
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Seek the removal of the executor if there is evidence of mismanagement or unreasonable delay.
Executors have a fiduciary duty to act in the best interests of the beneficiaries. If they fail to do so, they may be held personally liable.
Tips for Executors
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Keep clear records and communicate with beneficiaries regularly.
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Don’t delay filing tax returns or applying for probate if required.
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Consult an estate lawyer early to stay on track and avoid costly mistakes.
Tips for Beneficiaries
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Be patient—some delay is normal, especially in more complex estates.
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If you’re concerned about a lack of communication or unexplained delay, consult with a lawyer to understand your rights.
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Keep in mind that early or partial distributions may not always be appropriate depending on the estate’s liabilities.
While not every estate can be completed in a year, unnecessary delays can cause frustration, mistrust, and financial hardship. At Kimel Law Group, we support executors in fulfilling their duties and assist beneficiaries in resolving disputes related to delay or inaction.
If you’re involved in an estate that seems stalled, contact us today to review your options.