1990, c. E.21, s. 15. 16 Except as otherwise provided in this Act, the personal representative of a deceased person has power to dispose of and otherwise deal with the real property vested in the personal representative by virtue of this Act, with the like incidents, but subject to the like rights, equities and obligations, as if the real property were personal property vested in the personal representative. (4) Where a person beneficially entitled is a patient in a psychiatric facility under the Mental Health Act and the Public Guardian and Trustee is his or her guardian of property, the Public Guardian and Trustee may give the concurrence and approval required by subsections (2) and (3). (5) The certificate of withdrawal shall be verified by an affidavit of a subscribing witness in Form 3. 1990, c. E.22, s. 9 (3). R.S.O. Application of s. 4.1 (1) of the Act 2. 1990, c. E.22, s. 10. 8, s. 5). R.S.O. CONTENTS. R.S.O. Evaluation of subsequently discovered property. R.S.O. R.S.O. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (4) of the Act is amended by striking out “in Form 2” and substituting “in the form prescribed by regulation under subsection (7)”. R.S.O. (b) there is filed with the application for administration an affidavit setting forth the debts of the estate. 1998, c. 34, Sched., s. 7 (3). 31 A person entitled to letters of administration to the property of a deceased person is entitled to take out such letters limited to the personal estate of the deceased, exclusive of the real estate. Registration of caution after three years from death of testator. 40 (1) Where a surety for an administrator or guardian dies or becomes insolvent or where for any other reason the security furnished by an administrator or guardian becomes inadequate or insufficient, the judge may require other or additional security to be furnished, and if it is not furnished as directed by the judge, he or she may revoke the grant of administration or letters of guardianship. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 18 of the Act is repealed. Our staff can't provide legal advice, interpret the law or conduct research. 24 The court having jurisdiction may summon any person named executor of any will to prove, or refuse to prove, such will, and to bring in inventories and to do every other thing necessary or expedient concerning the same. 2020, c. 11, Sched. 11, s. 8 (1)). R.S.O. 8, s. 2). (b) a beneficiary of the estate is incapable within the meaning of section 6 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether or not the person has a guardian. 1990, c. E.22, s. 23 (2). is deposited with an officer of the court as on a grant of probate or administration, the probate or letters of administration or other document shall, under the direction of the judge, be sealed with the seal of the Superior Court of Justice, and thereupon is of the like force and effect in Ontario as if the same had been originally granted by the Superior Court of Justice, and is, so far as regards Ontario, subject to any order made by such court, or on appeal therefrom, as if the probate or letters of administration had been granted thereby. 1990, c. E.21, s. 40 (1). Where person to whom administration granted is not next of kin. (See: 2020, c. 11, Sched. R.S.O. It replaces the Administration of Estates Act.As such, the new Act applies to the administration of all estates, applications and grants. 11, s. 8 (3)). R.S.O. Last amendment: 346/19. “mortgagor” includes the assignee of a mortgagor and any person entitled to or interested in the equity of redemption. (4) Subsection (3) does not affect the operation of subsection (2). No amending legislation available on CanLII. R.S.O. (See: 2020, c. 11, Sched. 1990, c. E.21, s. 31. Conveyance by personal representative without an order. (a) the person to whom the deceased was married immediately before the death of the deceased or person with whom the deceased was living in a conjugal relationship outside marriage immediately before the death; (c) the person mentioned in clause (a) and the next of kin. R.S.O. (4) A trust corporation may be appointed as administrator under subsection (2) or (3), either alone or jointly with another person. R.S.O. Approval of Children’s Lawyer or of Public Guardian and Trustee. 1990, c. E.22, s. 11 (4). 1990, c. E.22, s. 4. (11) A summons may be issued to enforce the attendance of witnesses to give evidence on any proceeding under this section. (2) The judge, on passing the accounts of an executor, administrator or trustee under a will of which the trustee is an executor, has jurisdiction to enter into and make full inquiry and accounting of and concerning the whole property that the deceased was possessed of or entitled to, and its administration and disbursement. 1990, c. E.22, s. 22 (1); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. R.S.O. R.S.O. 1990, c. E.21, s. 38. General power as to appointment of administrator under special circumstances. R.S.O. R.S.O. (9) Where a person has died intestate in Ontario and administration has been granted to some person, not one of the next of kin, and it appears to be doubtful whether the intestate left any next of kin surviving them or that there are no known next of kin resident in Ontario, notice of taking the accounts shall be served upon the Public Guardian and Trustee. 1990, c. E.22, s. 15 (2); 1994, c. 27, s. 43 (2). 1990, c. E.21, s. 22; 2006, c. 19, Sched. Anyone who has, after January 1, 2015, applied for and received a Certificate of Appointment as Estate Trustee from the Superior Court, must file a detailed Estate Information Return with the Ministry of Finance. R.S.O. 1990, c. E.21, s. 39. R.S.O. R.S.O. Estate Administration Tax Act, 1998. Definitions. R.S.O. R.S.O. 2020, c. 11, Sched. R.S.O. Note: On January 8, 2021, the day that is six months after the day the Smarter and Stronger Justice Act, 2020 receives Royal Assent, section 20 of the Act is repealed. 2 The office of the registrar is a depository for all wills of living persons given there for safekeeping, and the registrar shall receive and keep those wills under such regulations as are prescribed by the rules of court. Right of persons interested to be heard on appeal. Note: On a day to be named by proclamation of the Lieutenant Governor, section 36 of the Act is amended by adding the following subsections: (See: 2020, c. 11, Sched. R.S.O. 24 (1) A personal representative shall make reasonable inquiries for persons who may be entitled by virtue of a relationship traced through a birth outside marriage. Estate Registrar for Ontario to file notices. 2, s. 31 (6). C, s. 1 (1). 3 The enactments and rules of law relating to the effect of probate or letters of administration as respects personal property and as respects the dealing with personal property before probate or administration and as respects the payment of costs of administration and other matters in relation to the administration of personal estate and the powers, rights, duties and liabilities of personal representatives in respect of personal estate apply to real property vesting in them, so far as the same are applicable as if that real property were personal property, save that it is not lawful for some or one only of several joint personal representatives without the authority of a judge to sell or transfer real property. R.S.O. 28 Pending an action touching the validity of the will of a deceased person, or for obtaining, recalling or revoking any probate or grant of administration, the Superior Court of Justice has jurisdiction to grant administration in the case of intestacy and may appoint an administrator of the property of the deceased person, and the administrator so appointed has all the rights and powers of a general administrator, other than the right of distributing the residue of the property, and every such administrator is subject to the immediate control and direction of the court, and the court may direct that such administrator shall receive out of the property of the deceased such reasonable remuneration as the court considers proper. 1990, c. E.22, s. 17 (6); 1994, c. 27, s. 43 (2); 2009, c. 33, Sched. Application of enactments as to probate, etc. 1990, c. E.22, s. 8 (1). Manner of giving effect to grants of probate of Commonwealth and Canadian courts, etc. 20 Repealed: 2009, c. 33, Sched. This statute is current to 2019-12-08 according to the, 2. between Mar 9, 2005 and Jun 21, 2006 (past), 1. between Jan 1, 2004 and Mar 8, 2005 (past). C, s. 1 (1). 2, s. 31 (12). was or is entitled to a part of the estate under the distribution, the order shall not be made until after like notice has been given to the Public Guardian and Trustee. R.S.O. 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