top of page

Probate and Estate Trustee Services

Image by Scott Graham

As an Estate Trustee (previously termed Executor), you have a number of tasks to complete, which can be divided into two separate categories – Probate Services and Estate Trustee Services.

Probate Services

This occurs when there is a requirement that the estate be officially designated with the person in charge of the estate (i.e. Estate Trustee) and that the Last Will be recognized by the Court. If there is no Will, in circumstances where there is land property or substantial balance in the bank in your name after your death, probate will be required.

 

At Estate Lawyers Mississauga, we will assist you to apply for Certificate of Appointment  of Estate Trustee With a Will (or Without a Will). 

 

Once the Certificate is issued by the Court, it can be relied on by banks or other institutions before paying out to the estate, or it may be relied on for transferring property to a beneficiary or selling property. Not all estates require the Certificate, as there may specific situations not warranting the cost of obtaining the Certificate from Court.

Estate Trustee Services

This occurs where the Estate Trustee, in charge of the estate, even though there may not be a probate application, has a number of tasks that need to be completed including, but not limited to, payment of debts of the estate, creating a Trust, management and maintaining proper accounts for the Estate, filing terminal tax returns etc. Estate Trustees are entitled to engage other professionals, such as lawyers or accountants, to complete some of these tasks. At Estate Lawyers Mississauga, we will assist you in your providing Estate Trustee services throughout the way.

Recovering Your Costs and Being Paid for Your Services

In providing services, the Estate Trustee has a number of tasks to complete and there is both time and expenses incurred in the process. The Estate Trustee should keep track of the time that they spend working on the various tasks, and the expenses they incur, whether that be for travel, long distance phone calls, or any other related expenses, as these amounts may be deducted from the funds of the estate. The amounts deducted from the estate, as direct expenditures, are under the category of “reimbursements”. 

 

However, there may be charges to the estate for fees for time spent, or fees for services. If there are fees for services, they would be deemed as income for income tax purposes. This does not apply for recovery of actual expenses. At Estate Lawyers Mississauga, we will guide you and provide services related to your legal obligation as Estate Trustee as well as recovering your costs and being paid for your services.

Estate Trustee Services to Be Completed

Below is a list of services to be provided by an Estate Trustee.

 

  • Locating the Will. 

 

  • Arranging the Funeral. 

 

  • Obtaining the Death Certificate. 

 

  • Collecting personal and business documents.

 

  • Opening an estate account. 

 

  • Identifying all assets. 

 

  • Protecting assets. 

 

  • Paying debts. 

 

  • Transferring debts. 

 

  • Notifying Government Agencies. 

 

  • Applying for Death Benefits. 

 

  • Obtaining previous Income Tax Returns. 

 

  • Notifying Beneficiaries. 

 

  • Dealing with Life Insurance policies. 

 

  • Dealing with Business Interests. 

 

  • Looking after Dependents.

 

  • Determining the value of the estate.

 

  • Distributing the estate. 

 

  • Filing Terminal Tax Return and obtaining Clearance Certificate from Canada Revenue Agency.

Services Provided by Estate Lawyers Mississauga

At Estate Lawyers Mississauga, we will assist you in sending out letters, assembling materials, completing the forms, filing materials, obtaining the Certificate from the Court as well as Estate Trustee services. 

Contact us today for a consultation regarding your Will, Powers of Attorney and/or other estate matters.

​​

Contact us today to request a free 1/2-hour consultation:

905-625-5236

contact@estatelawyersmississauga.com


Serving Mississauga, Brampton, Caledon, Milton, Streetsville, Meadowvale, Erin Mills, Clarkson, Vaughan, Richmond Hill and Toronto

bottom of page