Service Overview
Focused legal support for appointment of estate trustee without a will
When a person dies without a valid will, someone must usually apply to court to be appointed as estate trustee so the estate can be administered properly. In that situation, the estate is distributed according to Ontario’s intestacy rules rather than according to the deceased person’s personal wishes.
This kind of application can become especially important where the estate includes real estate, bank accounts, investments, or where institutions require formal authority before releasing assets.
Role of an estate trustee without a will
The appointed estate trustee is generally responsible for:
- Collecting estate assets
- Paying outstanding debts, taxes, and liabilities
- Filing required tax returns
- Distributing the estate to the proper heirs under Ontario law
Common issues in intestate estates
Without a will, questions often arise about:
- Who has priority to apply
- Which family members are entitled to notice
- Whether renunciations or consents are needed
- Whether a bond may be required
- How the estate should be valued for filing and tax purposes
Application support
The process usually involves gathering financial information, identifying heirs, preparing court forms, serving notice, and filing the materials in the proper court. Our office helps clients work through these steps so they can obtain the legal authority needed to manage and distribute the estate.