Estate Administration Checklist - OECSI and ETP Canada

	A	B	C	D	E	F	G
1				This template is offered free of charge to assist executors with mapping out their estate administration duties.		If you have received this template from a 3rd party we recommend that you call Ontario Estate Consulting Solutions Inc. at 226-600-2984 or ETP Canada at 1-866-309-0387 to confirm that you are using the most up to date version of this document.
2		www.ontarioestateconsulting.ca					www.etpcanada.ca /// www.debbiestanley.ca
3	1	Primary Estate Task Assignments		Sub-tasks	Required for this estate situation? Yes or No or Maybe	We will offer you 30 free minutes of our time to help an executor work though this planning template to suggest what does or does not apply to the estate being worked on Status or Review Comments:	Does the executor want to hire ONTARIO ESTATE CONSULTING SOLUTIONS INC. / ETP CANADA to assist with any listed task?
4	Go to line	SECTIONS INDEX:
5	2	Section 1 - If there is a Will(s)	JK
6	11	Section 2 - If there is no Will	DS
7	14	Section 3 - Executors	JK
8	24	Section 4 - Confirm Beneficiaries	DS
9	35	Section 5 - Minor Aged Children	JK
10	40	Section 6 - Pets	DS
11	42	Section 7 - Secure the Estate Assets	DS
12	64	Section 8 - Arrange for funeral and complete funeral arrangements with the chosen funeral home or other provider	JK
13	73	Section 9 - Prepare application to the court for Certificate of Appointment of Estate Trustee (with or without a will) together with supporting schedules	DS
14	101	Section 10 - File Ontario Estate Information Return	JK
15	105	Section 11 - Complete Canada Pension Plan Reporting	DS
16	110	Section 12 - Complete Old Age Security Reporting	DS
17	113	Section 13 - Other Government Reporting	DS
18	122	Section 14 - Other Sources of Income	JK
19	126	Section 15 - Deal with TFSA, RRSP, RRIF etc.	JK
20	133	Section 16 - Is it possible that there may be a family law or dependent relief claim against the estate?	JK
21	137	Section 17 - Deal with creditors of the deceased	DS
22	145	Section 18 - Deal with any assets in "Joint Tenancy" where title reverts to the surviving joint owner	JK
23	148	Section 19 - Financial Assets of Deceased	DS
24	157	Section 20 - Home and Auto Insurance	JK
25	161	Section 21 - Income Tax Filings	JK
26	179	Section 22 - Deal with suppliers of the deceased	DS
27	185	Section 23 - Life Insurance	JK
28	188	Section 24 - Estate Banking	DS
29	191	Section 25 - Estate Accounting	DS
30	195	Section 26 - Personal Effects of Deceased	JK
31	200	Section 27 - Real Estate	JK
32	210	Section 28 - Rented Premises of Deceased	DS
33	214	Section 29 - Is there any litigation involving the estate to defend or initiate against any third party?	JK
34	216	Section 30 - Business Interests of Deceased	JK
35	224	Section 31 - Executor Compensation	DS
36	232	Section 32 - Estate Distributions	DS
37
38	2	Section 1 - If there is a Will(s)	JK
39	3			Locate the original signed will if one exists /// the original will is often in safekeeping with the lawyer who drafted it	Yes
40	4			Confirm if there is an affidavit of execution document available	Yes
41	5			Confirm if the will mentions anything with respect to funeral arrangements	Yes
42	6			Carefully read the "powers" that are granted to the executor in the will	Yes
43	7			Is there one will or two wills? This has a major impact on what the subsequent estate administration steps will look like	Yes
44	8			Are there any codicils or any other memorandum with the will? For example, is there any memorandum that specifies that certain items are to be gifted to certain people?	Yes
45	9			Is the will properly signed and properly witnessed?	Yes
46	10			Is it the original will or a copy?	Yes
47	11	Section 2 - If there is no Will	DS	Check out the intestacy rules in Ontario in this chart /// https://jimkibble.ca/INTESTACY-IN-ONTARIO
48	12			Determine if probate is required to get control of any assets of the deceased and if yes, who is willing and able to apply to the courts to become the executor of the estate (will require the written approval of the majority of the estate beneficiaries according to the succession law reform act i.e. beneficiaries who are receiving 51% or more of the estate residue)
49	13			Determine if there are any vehicles in the name of the deceased where assistance is needed in order to be able to change the vehicle ownership with the Ontario Ministry of Transportation
50	14	Section 3 - Executors	JK
51	15			Create an executor log book immediately to chronologically log all executor activity related to the estate and to track time spent to support any eventual executor compensation proposal	Yes
52	16			Determine if one or more of the executors have consulted amongst themselves to determine if they may or may not undertake the executor's role	Yes
53	17			If there are co-executors, is there an understanding that all executors must be involved in every estate decision and must agree on every decision? If not, further dicusssion should take place.
54	18			Consider if there is a need to arrange executor liability insurance coverage as an expense of the estate /// www.erassure.com	Yes
55	19			Confirm if the named executor(s) are still prepared to act and if any are not, arrange to have them complete a renunciation letter immediately	Yes
56	20			Go through this executor task list with a knowledgeable "coach" (such as OECSI) to determine what tasks will apply to the estate and what tasks the executor might want to assign to others
57	21			Consider if it would be helpful to purchase a license to use the "Estateably" estate administration software /// www.estateably.com (not available to an individual executor but available through OECSI) /// cost is $99 CDN plus tax /// this allows all estate documents to be filed in the cloud and allows collaboration and sharing similar to google documents
58	22			Is there a married spouse or any biological children? In Ontario, the SUCCESSION LAW REFORM ACT will dictate what will happen to the estate assets. A married surviving spouse receives "the preferential share" (currently $350,000 in Ontario) and then the excess is shared between married spouse and children. https://hullandhull.com/2020/10/distribution-on-intestacy-the-preferential-share/ /// https://www.wagnersidlofsky.com/intestacy-in-ontario/
59	23			Ascertain who the deceased employed as professional advisors, i.e legal, accounting, investments etc.
60	24	Section 4 - Confirm Beneficiaries	DS
61	25			Obtain current contact info for each beneficiary /// consider if a private investigator needs to be hired to locate any beneficiaries whose whereabouts are unknown	Yes
62	26			Serve notice to beneficiaries	Yes
63	27			Is any beneficiary a minor or mentally incapable?	Yes
64	28			Confirm if any of the beneficiaries are deceased and if yes, assess how this impacts the estate.	Yes
65	29			If the deceased had a surviving married spouse confirm if they are agreeable to taking under the will or do they plan to elect to have the will set aside and take an "equalization" claim i.e. as if a divorce was taking place? A spouse must elect the optional treatment within six months of the death of the deceased.
66	30			Confirm if any of the beneficiaries owed money to the deceased. If yes, is there documentation to support the loan? Is there a "hotchpot" clause in the will that allows the loan to be forgiven but an equivalent deduction to be made from their share of the estate?
67	31			Are any of the beneficiaries non residents i.e. not living in Canada and if yes, consider hiring professional tax advice	Yes
68	32			Get a sense of whether or not any of the estate beneficiaries might be unhappy in any way and assess appropriate next steps	Yes
69	33			Provide residual beneficiaries with periodic reports of the progress of the estate administration. Consider the option of setting up an online blog that the executor updates with estate activities and sharing access to the blog out to the residual beneficiaries.
70	34			Concept of the "Executor Year" rules /// https://www.advisor.ca/magazine-archives_/advisors-edge_/breaking-down-the-executors-year/
71	35	Section 5 - Minor Aged Children	JK
72	36			Make temporary living arrangements for any minor aged children if needed
73	37			Confirm if any preferences for guardians were declared in the will and if yes, confirm if they are prepared to apply for guardianship with the court. Where there are guardian preferences in the will, minor children can live with them for the first 90 days but application for guardianship must be submitted during this period.
74	38			Determine who has legal custody of any minor children
75	39			If there are minors who are also beneficiaries then the executor will be required to report to the "children's lawyer" who will then advise if there is a requirement for the executor to "pass their accounts" at court . This requires a specific method of doing the estate accounting so start out doing the accounting in court format right from the start
76	40	Section 6 - Pets	DS
77	41			The executor is responsible for finding a home for the pets
78	42	Section 7 - Secure the Estate Assets	DS
79	43			Arrange for mail to be forwarded by Canada Post to the executor /// https://www.canadapost.ca/cpc/en/personal/receiving/manage-mail/mail-forwarding.page?ecid=2012ext1057	Yes
80	44			Consider if you wish to register with the Canada Bereavement Registry to stop direct mail coming in the name of the deceased - https://www.canada-bereavement-registry.ca/
81	45			Are there any estate assets located outside Ontario?
82	46			Secure any chattels, valuables like jewellery, art, etc . as well as any computers or devices	Yes
83	47			Locate and secure and copies of prior years tax returns
84	48			Are there any digital assets with a monetary value such as reward points or cryptocurrency?	Yes
85	49			Consider if there is a need to change locks on real estate or residence to secure assets, obtain alarm codes and notify any alarm company as needed
86	50			Arrange for periodic visits to the residence and maintain a written log to satisfy insurance company requirements and consider if there is a need to hire a security company. Often times an insurance company will convert the insurance from a normal homeowner policy to a "vacancy permit" which costs more and covers less and only extends the coverage in force for a fixed period of time which often cannot be renewed. This may force the executor to work to a tight deadline to sell the property /// an insurance broker who has experience with insurance issues as it relates to estates is Larry Hoover - Louis Meier Insurance Brokers Ltd. - 60 Cidermill Ave. Unit 5 - Concord, ON. L4K 4K5 - P: 416.398.2596 - cell: 705.796.3299 - Larry@louismeier.com
87	51			Confirm the registered ownership title for any Ontario real estate that is an estate asset and confirm if any of it might qualify for a "first dealings exemption" for probate
88	52			Consider if water should be turned off and pipes winterized
89	53			Clean out fridge of perishables and dispose of garbage	Yes
90	54			Ensure that the heating and electrical systems are in good working order	Yes
91	55			Drain any pool or hot tub
92	56			Update alarm system if one exists to notify executor
93	57			Confirm smoke detectors and CO2 alarms are working
94	58			Close blinds
95	59			Unplug non essential appliances
96	60			Search attic and outbuildings
97	61			Make note of any immediate repairs needed for safety reasons
98	62			Return modem and cable boxes to supplier
99	63			If a condo, communicate with condo management company and followup as needed
100	64	Section 8 - Arrange for funeral and complete funeral arrangements with the chosen funeral home or other provider	JK