ESTATE ADMINISTRATION

Administering an estate can be intimidating. After all, an executor or adminstrator must identify and pay all outstanding debts and taxes of the deceased, navigate through unfamiliar court procedures, dispose of every bit of property that the deceased owned in accordance with their will or default legislative rules, and ensure that they take diligent precautions to avoid personal liability. Pair all of this up with the fact that the work of an executor or administrator comes at a time when they are still grieving the loss of their loved one, which makes their role all the more difficult.

At Martins Law, we are committed to guiding and counselling estate trustees from the outset of estate administrations through to the final settlement of each estate, so that the process is straightforward, predictable and simplified. Where there is a valid Will, we advise clients as to whether probate is necessary, and if so, we routinely assist clients in submitting the required Court applications to obtain probate. Where there is no valid Will, we submit the required Court application to have the appropriate family member appointed as the estate administrator, and we advise them as to who is entitled to the estate assets according to Ontario's intestacy laws.

Our role as your counsel is to make your role as estate trustee organized and seamless.

• Preparing applications for a Certificate of Appointment of Estate Trustee With or Without a Will (also known as probate) – if required;
• Preparing Estate Information Returns;
• Drafting required notices to beneficiaries;
• Advising estate trustees of their legal duties and obligations at the outset and throughout the estate administration; 
• Advising estate trustees regarding estate accounting, record keeping, and compensation entitlement;
• Advising estate trustees regarding the distribution of assets to beneficiaries;
• Preparing releases for beneficiaries;
• Survivorship applications, transmission applications, life interest transfers, and other estate conveyancing;
• Drafting letters of opinion required by ServiceOntario regarding who is entitled to inherit a motor vehicle where a deceased passes without a will;
• Advising regarding the transfer of motor vehicle ownership;
• Connecting estate trustees to accountants, appraisers, and other professionals, as required;
• and more...