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ADMINISTERING
YOUR ESTATE

Lawyer and couple estate planning

Estate administration is the legal process of managing a deceased person’s estate, ensuring their wishes are respected and any outstanding obligations are fulfilled.

This includes paying debts, settling taxes, and distributing assets to beneficiaries. The process can be complex, especially when large or complicated estates are involved. Proper administration helps protect the executor from potential legal issues and ensures the estate is settled in a clear and organized manner.

Comprehensive Estate Administration Services

01 
Initial Consultation and Professional Coordination

The process begins with an initial consultation to review the Will, the estate assets, and beneficiaries and determine the course of action. We do as much or as little as the estate trustee wishes, including managing estate trust funds, engaging professionals such as tax accountants, realtors, appraisers, and estate account preparers, and communicating with beneficiaries.

02 
Probate Application and Certificate of Appointment (COA)

We navigate the court application process until the executor is legally empowered to gather and sell all assets.  This step involves getting your court application in the "queue" as quickly as possible to minimize estate administration delays.  Ontario COA applications typically have a 50% rejection rate but our experienced estate administration team has reduced that to almost 0% , speeding the process for estate trustees.

03 
Notice to Creditors and Estate Information Return (EIR)

We have efficient and low cost solutions for posting the Notice to Creditors and filing the Estate Information Return, both generally a necessary part of an administration.  Both required to protect estate trustees from personal liability in the future.

04 
Managing Assets and Communication with Beneficiaries

We are experienced with facilitating estate real estate transactions and overseeing the distribution of assets from the estate. Throughout this process we maintain clear and transparent communication with you and with the beneficiaries, keeping you informed about your responsibilities throughout.

05
Estate Trustee Compensation and Beneficiary Releases

Once the estate is ready for distribution, we guide the trustee in understanding their compensation options and ensure that beneficiaries sign releases, confirming they have received their distributions and waiving any further claims against the estate.

The Estate Administration Journey

Probate and Court Filings

Whether the deceased had a will or not, we assist when necessary to obtain the court Certificate of Appointment (also known as probate), ensuring the executor is authorized to gather estate assets and deal with all third parties.

Asset Identification & Protection

Identifying and safeguarding the assets is a critical part of the executor's role.  We help locate, inventory, and liquidate  assets, including businesses, cross border assets, real estate, securities, investments and personal property. We guide executors in asset preservation and management throughout the process.

Debt Settlement and Tax Filing

We guide executors in ascertaining debts, paying taxes and prioritizing expenses. We connect executors with trusted tax professionals to ensure the proper tax filings are complete, and post a notice to creditors, reducing executor liability.

Estate Distribution

Once debts and taxes are settled, we help distribute the assets according to the will or, if there is no will, the laws of intestacy. We ensure that beneficiaries receive their inheritance smoothly and that the legal requirements are met prior to distribution to protect estate trustees.

Executor Support and Guidance

Serving as the executor of an estate can be overwhelming. We provide comprehensive support throughout the process, offering guidance and advice to ensure that all actions are legally compliant and that the executor's duties are fulfilled without so there is no ongoing personal liability.

What is an estate administration?

Estate administration is the process of managing and distributing a deceased person’s assets. This includes gathering their property, settling debts and taxes, and ensuring the remaining assets go to the rightful beneficiaries.

What does estate administration involve?

It involves working with other professionals to complete the tasks, communicating regularly with the beneficiaries,

and assuming responsibility for legal and tax compliance until the job is done. 

What is the estate trustee's role?

The estate trustee's role is to administer the estate according to the terms of the Will; to hire a lawyer and accountant, understand the assets and beneficiaries, to be a fiduciary of the estate and maintain it's integrity until distribution.

How long does an estate administration take?

The timeline varies depending on the estate's complexity, but it can take over a year. Factors include waiting for probate, resolving debts, and distributing assets.

FAQs

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Secure Your Legacy Today.

Contact us now to schedule your consultation and take the first step toward clarity, confidence, and peace of mind.
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