LAWCRESTEstate administration lawyer in Mississauga
Being named an executor is an honour, and a heavy responsibility. Lawcrest guides executors, estate trustees and families across Mississauga and the GTA through every step of administering an estate, from the first days after a death to the final distribution, with calm, clear advice.
Acting as an executor carries personal responsibility. Early legal advice protects you and the estate, and makes the process easier for your family.
416-830-3369What is estate administration?
Estate administration is everything that must be done to wind up a person's affairs after they die: finding and protecting the assets, paying debts and taxes, and distributing what remains to the people entitled to it.
It often includes probate, which is the court process for confirming the authority of the executor. But probate is only one part of a longer process.
An estate trustee, also called an executor, carries out this work. The role comes with legal duties and personal liability, which is why many people ask a lawyer to guide them.
- Executors and estate trusteesNamed in a will, or appointed by the court if there is no will.
- Family membersHelping with an estate or applying to administer one.
- BeneficiariesWho want to understand the process and what they can expect.
How we help
If your situation is not listed, call us. We will tell you plainly how we can help.
Estates with a will
Guiding the executor named in the will through each step of the administration.
Estates without a will
Helping family members apply to administer the estate and divide it according to the law.
Advice for executors
Ongoing guidance on your duties, your risks and your decisions.
Estate tax returns
Final returns, estate returns and the clearance needed before distribution.
Estate real estate
Selling or transferring a home or other property that belonged to the estate.
Distribution to beneficiaries
Preparing the distribution so the right people receive the right share.
Accounts and passing of accounts
Keeping proper accounts, and preparing them for the court if required.
Estate disputes
Disagreements between beneficiaries, claims against the estate and trustee issues.
What the work involves
The tasks vary with the estate, but most administrations include these core steps.
- Securing the estateProtecting property, keeping it insured and in good condition.
- Applying for probate where neededObtaining the court certificate that institutions require.
- Identifying assets and debtsValuing everything and working out what is owed.
- Handling taxesFinal tax returns and any estate returns, and a clearance before distributing.
- Dealing with creditors and claimsPaying valid debts and protecting yourself from unknown claims.
- Distributing and closingGiving the beneficiaries their shares, and wrapping up the estate.
Your first steps as executor
In the first days and weeks, a few practical steps protect the estate and make everything easier later.
- Get death certificatesYou will need several certified copies.
- Find the original willAnd read it carefully before you act.
- Secure the propertyLock up the home, check insurance and redirect mail.
- Do not pay out or distribute yetWait until debts, taxes and claims are understood.
- Keep every record and receiptYou will need them to account for what you did.
- Speak to a lawyerBefore you make major decisions about the estate.
Who needs to be told
Many organizations must be notified after a death. Keeping a list helps you stay organized.
- Government agenciesService Canada for pension and benefit programs, and the tax authority.
- Banks and financial institutionsAccounts, credit cards, loans and investments.
- Insurers and pension providersLife insurance, employer plans and other policies.
- Employer and landlord or mortgage lenderFinal pay, benefits and housing arrangements.
- Utilities, subscriptions and vehicle servicesSo services are closed or transferred properly.
- Beneficiaries and familySo they know what to expect and when.
How we work with you
A clear process, with no surprises about where the estate stands.
Consultation
You tell us about the person who died, the family and the estate. We listen, ask the right questions and explain the road ahead.
Plan and organize
We set up a plan, a checklist and a record-keeping system, and decide whether probate is needed.
Court application
Where required, we prepare and file the application to confirm your authority as estate trustee.
Administer the estate
We guide you through assets, debts, taxes, real estate and communication with beneficiaries.
Prepare to distribute
We help you prepare the final accounts and confirm that taxes and claims have been dealt with.
Distribute and close
We prepare the distribution and complete the final steps, so you can close the estate with confidence.
Understanding the costs
We explain the likely costs at the start, so the estate can plan and there are no surprises. Costs are normally paid from the estate.
Legal feesDiscussed upfront
Our fees for advice and the steps we handle. We explain them before you commit.
Executor compensationFor the estate trustee
An executor may be entitled to reasonable compensation for the work. We explain how this is usually approached.
Estate Administration Tax and court feesIf probate is needed
Government charges that depend on the value of the estate and the court process.
Accounting and taxFor returns and clearance
Accountants often prepare the final and estate tax returns.
Other costsAs needed
Appraisals, storage, insurance, property upkeep and bonds, depending on the estate.
How long does it take?
Administering an estate usually takes many months, and complex estates can take a year or longer. The timeline depends on whether probate is needed, the kinds of assets, tax clearances, any claims, and whether beneficiaries agree.
Some steps have time limits and some are best left until certain periods pass before distributing. We give you a realistic timeline and explain what to do and when.
Common problems we help solve
Most estates run smoothly with good guidance. When they do not, these are the usual causes.
- Distributing too earlyPaying beneficiaries before debts, taxes and claims are known.
- Family disagreementsBetween beneficiaries, or between family and the executor.
- Unclear or missing recordsAssets that cannot be found or documented.
- Real estate complicationsSelling, transferring or maintaining property during the administration.
- Executor overwhelmedFeeling unable to carry on, and wanting to step aside or get help.
- Claims against the estateFrom creditors, dependants or others.
What to bring to your consultation
Do not worry if you do not have everything. Bring what you can, and we will tell you what else is useful.
- The original will and the death certificate
- A list of assets and debts, with approximate values
- Property deeds and real estate details
- Names and contact details of the beneficiaries
- Recent bank, investment and insurance statements
- Any letters or notices received about the estate
Why clients choose Lawcrest
You are trusting us during a difficult time. This is how we earn that trust.
Plain-language advice
No jargon. You understand each step and each choice before we act.
Cost clarity
We discuss our fees at the start so you can plan with full information.
Compassionate and discreet
We handle your family matter with care and respect.
Confidential
What you tell us is protected by solicitor-client privilege.
Responsive
Your questions get answers, and you hear from us as the estate moves.
Protecting the executor
We help you avoid mistakes that could make you personally liable.
Regulated lawyers
Lawcrest is a professional corporation regulated by the Law Society of Ontario.
Local and accessible
Meet us at our Matheson Blvd office in Mississauga, or arrange a call.
Frequently asked questions
Still not sure? Call 416-830-3369 and we will talk it through.
What is the difference between probate and estate administration?
Probate is the court process that confirms the executor authority. Estate administration is the whole job of managing and winding up the estate, which may or may not include probate.
Do I have to act as executor if I am named?
No. You can decline, but it is best to do so formally and before you take steps that look like acting. Get advice before you decide.
How long does it take?
Often many months, and complex estates can take a year or more. The timeline depends on the assets, taxes, claims and whether probate is required.
Can an executor be paid?
An executor is generally entitled to reasonable compensation, and can also recover proper expenses. The estate documents and the law guide the amount, and beneficiaries can sometimes challenge it.
Who pays the debts of the person who died?
Debts are generally paid from the estate before beneficiaries receive anything. If the estate cannot pay everything, there are rules about the order of payment. Do not pay debts out of your own money without advice.
What if the beneficiaries disagree?
Many disagreements can be resolved through communication and clear information. Where they cannot, we can advise on negotiation, mediation or court options.
Can an executor be personally liable?
Yes. An executor who distributes too early, mishandles assets or fails in their duties can be held personally responsible. Legal advice helps you avoid that.
Is my information confidential?
Yes. Your communications with us are protected by solicitor-client privilege.
Testimonials
They made a complicated legal matter feel understandable. We always knew what was happening, why it mattered and what came next.
Carolean
Worker
We always knew what was happening, why it mattered and what came next. They made a complicated legal matter feel understandable.
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Lawcrest
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