Estate Administration Lawyers
ESTATE ADMINISTRATION LAWYERS
ESTATE LAWYERS IN MISSISSAUGA
How Is An Estate Distributed?
An Estate is typically distributed based on the instructions of the Will. If the person who has passed without a Will, this is known as “intestate.” Ontario’s Succession Law Reform Act sets out how the Estate will be divided and distributed. In understanding Ontario’s Succession Law Reform Act, the legal team at Tailor Law will outline the distribution of the Will and will detail various scenarios in which different parties could be entitled to making claims of the Estate.
What Is An Executor & What Are Their Duties?
An executor is someone who is tasked with dividing an Estate and covering any debts that the Testator (the person who has left the Will) may have had, using the Estate’s resources. An Estate must be administered according to Ontario’s Succession Law Reform Act. Some of the duties that Executors of Estates have, are to apply for probate, distribute the Estate to beneficiaries, and to sell any real estate as per the testator’s wishes.
Additional Responsibilities of the Executor of the Estate:
- Distribute the assets of the Estate
- Open an Estate bank account to account for expenses
- Arrange the funeral (unless the Will states otherwise)
- Pay any taxes and/or debts that the deceased left
- Appraise the assets of the deceased
Estate Administration Fees & Expenses
What Is My Estate Administration Tax?
The fees for estate administration extend beyond the cost of the lawyers involved. In Canada / Ontario, the government imposes a tax which must be paid on the total value of the deceased’s Estate. This amount is calculated when a sworn affidavit as to the value of the Estate is made. This sworn affidavit typically takes place upon applying for a certificate of appointment of the Estate trustee. The formula for computing the tax is to calculate $5 for every $1,000 that the Estate owns, up to $50,000. For estates that exceed $50,000, $15 is calculated for every $1,000. For example, an Estate that is worth $400,000 would incur administrative taxes of $5,500.
- What is NOT included in the Estate Administration Tax Calculation?
- Property and real estate located outside of Ontario
- Insurance owed to any beneficiaries
- Jointly held property passing on survivorship