Renunciation of the role of estate trustee
Signing and filing the documents to decline the role of executor.
What is included
- Explains the estate trustee's duties and the steps to administer the estate
- Prepares the application for a certificate of appointment and the Estate Information Return
- Helps gather the assets, give notice to creditors and deal with banks and the land registry
- Arranges a tax clearance certificate with the Canada Revenue Agency, working with the estate's accountant
- Prepares accounts, releases and the final distribution to beneficiaries
What is not included
- Estate administration tax, court fees, appraisals and other disbursements
- Tax returns for a deceased person or an estate, unless arranged separately
- Estate disputes or litigation, unless the lawyer agrees to act on them
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People named as estate trustee (executor) in a will
- Family members of someone who died without a will
- Estate trustees who need help finishing an administration
Information to have ready
- 1The original will and any codicils
- 2The death certificate
- 3A list of the deceased's assets and debts, with values at the date of death
- 4Names and addresses of all beneficiaries
- 5The deceased's recent tax returns
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $400–$1,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Is there a simpler process for small estates?
Yes. Ontario has a simplified small estate certificate for estates under a set value. The lawyer can confirm whether the estate qualifies.
When can the estate be distributed?
Usually only after debts are paid and the estate trustee is satisfied that taxes are dealt with, often with a clearance certificate from the Canada Revenue Agency. Distributing too early can leave the estate trustee personally responsible.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed in an estate dispute or court application
- Some deadlines, such as for a dependant support claim or a surviving spouse's election, are short
- The work is limited to the scope the lawyer confirms in writing
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