Estate Administration Services – Jahanshahi Business Law Firm

Administering an estate in Ontario is a complex process that requires meticulous attention to legal and procedural details. At Jahanshahi Business Law Firm, we provide compassionate and professional legal guidance to executors, trustees, and beneficiaries, ensuring that the estate administration process is carried out efficiently and in compliance with Ontario law.

Our estate administration services include:

  1. Applying for Certificates of Appointment of Estate Trustee (with or without a Will): Guiding executors through the probate application process to legally administer the estate.
  2. Asset Identification and Management: Assisting in locating, valuing, and managing the deceased’s assets, including real property, investments, and personal belongings.
  3. Debts and Liabilities: Advising on the settlement of outstanding debts, taxes, and liabilities of the estate.
  4. Estate Accounting: Preparing detailed records of estate transactions for beneficiaries and the court.
  5. Distributions to Beneficiaries: Facilitating the fair and timely distribution of estate assets to beneficiaries in accordance with the Will or the intestacy rules.
  6. Tax Compliance: Ensuring compliance with all tax obligations, including filing terminal returns and obtaining clearance certificates.
  7. Resolving Estate Disputes: Representing estate trustees or beneficiaries in resolving disputes over the administration or distribution of the estate.

At Jahanshahi Business Law Firm, we understand that every estate is unique. We tailor our services to your specific needs, providing clear and actionable advice at every stage of the estate administration process.

Detailed Step-by-Step Guide to Estate Administration in Ontario

1. Determine the Need for Probate:

  • Review the deceased’s Will (if available) and assess whether probate is required.
  • Probate is typically needed if the estate includes real property, significant investments, or accounts held solely in the deceased’s name.

2. Identify the Estate Trustee:

  • If there is a valid Will, the named executor will act as the estate trustee.
  • If there is no Will, apply to the court to be appointed as the estate trustee.

3. Gather Estate Information:

  • Obtain the death certificate.
  • Identify and value all assets, including real property, bank accounts, investments, vehicles, and personal belongings.
  • Determine all liabilities, including mortgages, loans, and unpaid taxes.

4. Secure Estate Assets:

  • Safeguard all physical assets, such as real property and valuable personal belongings.
  • Notify financial institutions and other relevant parties of the death.

5. Apply for a Certificate of Appointment of Estate Trustee:

  • Prepare the probate application, which includes:
    • Application form (Form 74.4 or 74.14).
    • Original Will (if available).
    • Affidavit of Execution of the Will (Form 74.8).
    • Notice to beneficiaries (Form 74.17 or 74.18).
    • Estate Information Return.
  • File the application with the appropriate Ontario Superior Court of Justice and pay the probate fees.

6. Notify Beneficiaries and Heirs:

  • Provide formal notice to all beneficiaries named in the Will and to next of kin if there is no Will.

7. Pay Estate Debts and Liabilities:

  • Settle outstanding debts, such as credit card balances, utility bills, and loans.
  • Pay any estate taxes, including filing a terminal income tax return for the deceased and obtaining a clearance certificate from the Canada Revenue Agency (CRA).

8. Manage and Distribute Estate Assets:

  • Prepare a detailed accounting of estate assets and liabilities.
  • Distribute the remaining assets to beneficiaries according to the terms of the Will or intestacy rules.
  • Obtain receipts from beneficiaries to confirm distributions.

9. Close the Estate:

  • Finalize all legal and financial matters.
  • Ensure all estate administration tasks are complete, and keep detailed records for future reference.

Wills and Estate Planning

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