estate administration act ontario

1990, c. E.22, s. 2 (3). (See: 2020, c. 11, Sched. 2, s. 31 (9). Recent revisions to the Estate Administration Tax Act (Ontario), under which the Province charges tax of approximately 1.5% of the value of an estate when a will is probated by the court (colloquially “probate fees”), should be of concern to everyone because of the new reporting, enforcement and penalty provisions in the Act, explains Susannah B. Roth of O’Sullivan Estate Lawyers. 1990, c. E.21, s. 36 (1). 21 (1) A person purchasing real property in good faith and for value from a person beneficially entitled, to whom it has been conveyed by the personal representative, by leave of a judge, is entitled to hold it freed and discharged from any debts and liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his or her will, but nothing in this section affects the rights of creditors as against the personal representative personally, or as against any person beneficially entitled to whom real property of a deceased owner has been conveyed by the personal representative. 1990, c. E.21, s. 26 (2). 1990, c. E.21, s. 9 (1); 2006, c. 19, Sched. No amending legislation available on CanLII. 1990, c. E.22, s. 11 (4). The 2019 Ontario budget announced two small but important changes to estate administration that are effective January 1, 2020. (2) If the testator or intestate had no fixed place of abode in Ontario or resided out of Ontario at the time of death, the application shall be filed in the office for the county or district in which the testator or intestate had property at the time of death. (7) Section 16 and this section do not apply to an administrator where the letters of administration are limited to the personal property, exclusive of the real property, and do not derogate from any right possessed by a personal representative independent of this Act, but an executor shall not exercise the powers conferred by this section until the executor has obtained probate of the will except with the approval of a judge. R.S.O. 1990, c. E.21, s. 37 (1). R.S.O. 9 (1) Real property not disposed of, conveyed to, divided or distributed among the persons beneficially entitled thereto under section 17 by the personal representative within three years after the death of the deceased is, subject to the Land Titles Act in the case of land registered under that Act and subject to subsections 53 (3) and (5) of the Registry Act, and subject as hereinafter provided, at the expiration of that period, whether probate or letters of administration have or have not been taken, thenceforth vested in the persons beneficially entitled thereto under the will or upon the intestacy or their assigns without any conveyance by the personal representative, unless such personal representative, if any, has signed and registered, in the proper land registry office, a caution in Form 1, and, if a caution is so registered, the real property mentioned therein does not so vest for three years from the time of the registration of the caution or of the last caution if more than one was registered. R.S.O. (4) Except as otherwise provided by this Act, applications for a grant of probate or letters of administration are subject to the procedures set out in the rules of court and, in the case of small estates, to the procedures set out in the rules of court that are specific to small estates. Program: Estate Administration Tax - Advisory & Compliance Branch. R.S.O. (5) The certificate of withdrawal shall be verified by an affidavit of a subscribing witness in Form 3. At whose instance executors or administrators compellable to account. 1990, c. E.21, s. 45 (2); 2006, c. 19, Sched. 14 (1) If the next of kin, usually residing in Ontario and regularly entitled to administer, is absent from Ontario, the court having jurisdiction may grant a temporary administration to the applicant, or to such other person as the court thinks fit, for a limited time, or subject to be revoked upon the return of such next of kin to Ontario. R.S.O. 1990, c. E.21, s. 10 (1); 2006, c. 19, Sched. C, s. 1 (1). 35 Except where otherwise provided by law, every person to whom a grant of administration, including administration with the will annexed, is committed shall give a bond to the judge of the court by which the grant is made, to enure for the benefit of the Accountant of the Superior Court of Justice, with a surety or sureties as may be required by the judge, conditioned for the due collecting, getting in, administering and accounting for the property of the deceased, and the bond shall be in the form prescribed by the rules of court, and in cases not provided for by the rules, the bond shall be in such form as the judge by special order may direct. R.S.O. (13) Where a claim is established under this section, no procedures shall be commenced to enforce payment of the claim without the permission of the judge. C, s. 1 (1). R.S.O. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 22 of the Act is repealed. 31 (3-5). (b)  while placed on active service under the National Defence Act (Canada). 17 Unless upon special order of the court, no probate or administration shall be granted until the registrar has received a certificate under the hand of the Estate Registrar for Ontario that no other application appears to have been made in respect of the property of the deceased, which certificate the Estate Registrar for Ontario shall forward as soon as may be to the registrar. 1990, c. E.22, s. 25 (1). R.S.O. R.S.O. R.S.O. Anyone who has, after January 1, 2015, applied for and received a Certificate of Appointment as Estate Trustee from the Superior Court, must file a detailed Estate Information Return with the Ministry of Finance. 11, s. 9), Note: On a day to be named by proclamation of the Lieutenant Governor, Form 3 of the Act is repealed. “will” includes a testament and all other testamentary instruments of which probate may be granted. Temporary administration in certain cases. R.S.O. (2) Where the claim of a person against any other person would be barred by the Trustee Act at any time within three months after the death of the person having the claim, the claim shall for all purposes be deemed not to be barred until three months after the date of such death. 1990, c. E.21, s. 14 (2). (b)  where the claim or demand is not presently recoverable, prescribe the time after which the claimant shall proceed pursuant to the directions. 1990, Chapter E.22. 1990, c. E.21, s. 45 (6); 1994, c. 27, s. 43 (2). is deposited with an officer of the court as on a grant of probate or administration, the probate or letters of administration or other document shall, under the direction of the judge, be sealed with the seal of the Superior Court of Justice, and thereupon is of the like force and effect in Ontario as if the same had been originally granted by the Superior Court of Justice, and is, so far as regards Ontario, subject to any order made by such court, or on appeal therefrom, as if the probate or letters of administration had been granted thereby. Estate Registrar for Ontario to file notices. (4) The personal representative, before the expiration of the three years, may register a certificate in Form 2 withdrawing the caution in respect of the real property described in the certificate, and, upon registration of the certificate, the real property described therein shall be treated as if the caution had expired. Ontario has the highest Estate Administration … 1990, c. E.22, s. 2 (1). C, s. 1 (1). 1990, c. E.22, s. 28. R.S.O. (a)  no other application has been filed in respect of the estate; (b)  no notice of objection filed by a person who appears to have a financial interest in the estate is in effect; (c)  on an application where there is a will, there is no will or codicil of a later date than that for which the grant is sought deposited in the Superior Court of Justice; and. (8) Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein, or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by them to or for any such purpose, notice of taking the accounts shall be served upon the Public Guardian and Trustee. 9 (1) Whether a suit or other proceeding is or is not pending in the court with respect to a probate or administration, the Superior Court of Justice may, on motion or otherwise in a summary way, order any person to produce and bring before the registrar, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary that is shown to be in the possession or under the control of such person. To what persons administration shall be granted. R.S.O. C, s. 1 (1). 1990, c. E.21, s. 44 (4); 1994, c. 27, s. 43 (2); 2006, c. 19, Sched. Powers of personal representative over real property. 2020, c. 11, Sched. Administration cum testamento annexo, where the deceased has left a will but has appointed no executor to it, or the executor appointed has died or refuses to act. 1990, c. E.21, s. 38. Exercise of power of division without concurrence. 8, s. 5), Duty of Estate Registrar for Ontario with reference to notices. as in the discretion of the court seems best, and, where more persons than one claim the administration as next of kin who are equal in degree of kindred to the deceased, or where only one desires the administration as next of kin where there are more persons than one of equal kindred, the administration may be committed to such one or more of such next of kin as the court thinks fit. 8, s. 5. 7 (1) An application for a grant of probate or letters of administration shall be made to the Superior Court of Justice and shall be filed in the office for the county or district in which the testator or intestate had at the time of death a fixed place of abode. Notice to Estate Registrar for Ontario of applications. R.S.O. 13 Where application is made for letters of administration by a person not entitled to the same as next of kin of the deceased, an order shall be made requiring the next of kin, or others having or pretending interest in the property of the deceased, resident in Ontario, to show cause why the administration should not be granted to the person applying therefor; and if neither the next of kin nor any person of the kindred of the deceased resides in Ontario, a copy of the order shall be served or published in the manner prescribed by the rules of court. R.S.O. (2) Subject to subsection (3), where a person dies wholly intestate as to his or her property, or leaving a will affecting property but without having appointed an executor thereof, or an executor willing and competent to take probate and the persons entitled to administration, or a majority of such of them as are resident in Ontario, request that another person be appointed to be the administrator of the property of the deceased, or of any part of it, the right that such persons possessed to have administration granted to them in respect of it belongs to such person. R.S.O. Estate Administration and Probate Lawyers. (See: 2017, c. 20, Sched. 1990, c. E.22, s. 9 (5). 19 The Estate Registrar for Ontario shall, with reference to every such notice, examine all notices of such applications received from the several registrars so far as appears to be necessary to ascertain whether or not application for probate or administration in respect of the property of the deceased has been made in more than one office of the Superior Court of Justice, and he or she shall … (3) In other cases the application for probate or letters of administration may be filed in any office. 1990, c. E.22, s. 11 (3). R.S.O. Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005 ... 2009 also amended by Estate Affairs Amendment Act 1 of 1992 [with effect from a date to be proclaimed - see PENDLEX] Regulations under this Act ACT To consolidate … (d)  on an application where there is no will, there is no will or codicil deposited in the Superior Court of Justice. 29 (1) Subject to subsection (3), where a person dies intestate or the executor named in the will refuses to prove the will, administration of the property of the deceased may be committed by the Superior Court of Justice to. 8, s. 2. No amending legislation available on CanLII. Definitions. C, s. 1 (1). You may be named in a will as someone’s estate representative. 2020, c. 11, Sched. (9) The judge may order the issue of a commission to take the testimony of any person or party residing out of Ontario. (“testament”)  R.S.O. 11 (1) On every application for probate of a will or for letters of administration where the deceased was resident in Ontario at the time of his or her death, the deceased’s place of abode at the time of his or her death shall be made to appear by affidavit of the person or one of the persons making the application, and thereupon and upon proof of the will or, in case of intestacy, upon proof that the deceased died intestate, probate of the will or letters of administration, as the case may be, may be granted. Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 of the Act is amended by adding the following subsection: (See: 2017, c. 20, Sched. R.S.O. R.S.O. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (1) of the Act is amended by striking out “in Form 1” and substituting “in the form prescribed by regulation under subsection (7)”. 1990, c. E.21, s. 3. 12 Where a caution has been registered or reregistered under any enactment repealed and not re-enacted by this Act and is still in force, such caution has the same effect as if such enactment had not been repealed and may be registered in the manner provided by section 9. (10) The judge may make an order for the taking of evidence before trial of any material and necessary witness residing in Ontario who is sick, aged or infirm or is about to leave Ontario and provide to whom notice of the examination is to be given. Note: On a day to be named by proclamation of the Lieutenant Governor, Form 1 of the Act is repealed. Charles Ticker is a lawyer with over 35 years of experience. 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