Essential Information Your Executor Will Need
After You Pass Away,
and What Happens When They Can’t Find It


 

Essential Information Your Executor Will Need After You Pass Away, and What Happens When They Can’t Find It

To start, your executor will be looking for your will, formally known as a Last Will and Testament. They will also need information to help them identify and secure your assets, locate your beneficiaries, and confirm your final wishes. These details and resources include burial or cremation preferences, financial account details, insurance policies, key contacts, digital accounts, and real estate documents. Ideally, all of it organized in one place.

Most people have some of this information, but few have it organized where an executor can easily find it when needed. When the executor cannot locate what they need, estate administration slows down, costs go up, and the burden of Mature hand using a fountain pen to write on paper at a deskfinding those critical details or documents falls on the people you love most at the worst possible time.

Introduction

This post is written from the perspective of the testator, the person responsible for putting their will in place and getting their affairs organized for those they leave behind. It is in the testator’s best interest, and in the interest of the estate, to make the executor’s role as clear and manageable as possible.

In the early stages, often within the first few days, the executor’s focus is on immediate priorities. These include locating the will and key documents, identifying funeral or burial wishes and helping ensure arrangements are made, securing the estate’s assets, identifying key people such as professional advisors and beneficiaries, contacting the appropriate service providers, and beginning the process of obtaining proof of death.

This post helps explain the following:

  • What your executor will be looking for when you pass away
  • What preparing your financial and estate matters actually involves
  • What happens when critical information is missing or disorganized
  • How to put your affairs in order before the responsibility falls to someone else

Why Do People Put Off Organizing Information Their Executor Will Need?

We all have projects around the house that we tend to put off. Whether it’s painting, outdoor maintenance, or cleaning the garage, these tasks carry different levels of responsibility and consequence if left unfinished.

One of the most important, however, is estate planning, gathering related paperwork, and bringing your financial information together so someone you trust can carry out your instructions. Unlike most household tasks, delaying this responsibility can have serious consequences for your loved ones if you do not complete it.

It is common to procrastinate when it comes to getting your affairs in order. There are many reasons why, but the most significant is often the most personal: coming to terms with the fact that we won’t live forever.

Many people believe that estate preparation is something only wealthy individuals need to worry about, and that without significant assets, there is nothing to organize. In reality, even estates that appear simple may still require a will and careful review to ensure everything is properly documented and legally effective.

Why Can Getting Your Affairs in Order Feel Overwhelming?

Blank to-do list notebook with glasses and pen on a wooden deskAt the same time, once people begin the process, it can feel overwhelming, with documents to gather, accounts to locate, and decisions to make, each one presenting its own challenge. The key is having a clear starting point and a structured approach.

Most people who haven’t prepared their estate information aren’t avoiding it out of indifference. They may be busy, uncomfortable with the subject, or simply assume there is more time.

Who Pays the Price When You Put Off Estate Preparation?

The problem is that you don’t pay the price of that delay. It’s paid by the executor you named, and possibly the ones you love. They are already grieving, and without your advance preparation, they will suddenly be tasked with finding documents, tracking down accounts, and making decisions they were never meant to make alone.

The good news is that with a clear starting point and a structured approach, the process becomes far more manageable than it first appears. You also do not have to work through it alone; a lawyer can help guide you and ensure nothing important is overlooked.

Understanding why preparation matters is the first step. Knowing what preparation actually involves is the next. Before we move into each section of this post, here are some important facts worth knowing.

Eight Key Facts About Estate Preparation

Why Estate Information and Preparation Matter

  1. Most Adult Canadians Don’t Have a Will, About 60% in Fact. Without a will, your executor may have no clear direction on how to handle your estate. This can create immediate legal complexity and place added pressure on the people responsible for managing it.
  2. A Will Alone Is Not Enough to Help Your Executor Do Their Job.A will may explain who receives your assets, but it does not usually tell your executor where to find them, who to contact, or what information they will need toDesk with notebook, calculator, financial documents, glasses, laptop and coffee. carry out your instruction.
  3. The Executor’s Year. Estate Administration in Ontario May Take Months or More. Even straightforward estates can take several months to settle and missing or disorganized information can extend that timeline significantly. While you may hear the term “executor’s year,” it is a general guideline for measuring reasonable progress, not a fixed deadline.
  1. Locked Out. Most People Do Not Document Their Digital Account Credentials or Access Details.Without login information, your executor may lose access to email, online banking, cryptocurrency, loyalty programs, or cloud files needed to locate assets and records.

What Missing or Disorganized Information Can Cost Your Estate

  1. $1.6 Billion in Unclaimed Assets, Because No One Knew They Existed. The Bank of Canada holds approximately $1.6 billion in unclaimed funds. When you do not document or disclose assets, they can go unclaimed, leaving money behind simply because no one knew they existed.
  1. Most Executors Are Not Financial or Legal Professionals and Often Need Support. Many executors have no prior estate administration experience, and without guidance, they may struggle to manage the legal, financial, and administrative responsibilities involved. It can help to leave them the names and contact information for your lawyer, accountant, financial advisor, and other trusted professionals, and to introduce them to these resources while you are alive.
  1. Up to 5%. Disorganization Can Cost Your Estate Thousands in Fees and Delays. In Ontario, executors may receive compensation of up to 5% of the estate’s gross value. Missing information and delays can increase legal, administrative, and professional costs, reducing the value of your estate.
  1. Funeral Decisions Are Often Made Within Days, Sometimes Without Guidance. Without documented wishes, families may have to make important decisions under significant time constraints, often without clear direction. These choices may not reflect the deceased’s preferences.

In this post, we take a closer look at what your executor will need, what preparing your estate actually involves, and what happens when that preparation is missing.

Compass with the needle pointing toward the word PlanYou may be just starting to think about getting your affairs in order or have been meaning to do so for years. Knowing what is at stake could make the difference between a straightforward process for your family and one that becomes painful, prolonged, and far more costly.

To help you navigate confidently, this post is broken into 9 sections:

    1. What Will Your Executor Be Looking for When You Pass Away?
    2. What Does Organizing Your Affairs Actually Mean?
    3. What Happens When Your Executor Can’t Find What They Need?
    4. Getting Started: What to Prepare, Where to Keep It, and Why It Matters
    5. How Can a Lawyer Help You Get Your Affairs in Order?
    6. Where to Begin
    7. A Practical Estate Preparation Checklist
    8. FAQ
    9. Additional Resources: Expand Your Knowledge

Each section outlines the practical realities of estate preparation from the perspective of the person preparing their estate, and the people who will depend on that work.

Let’s take a closer look at what your executor will need, and why the best time to prepare is before it becomes someone else’s problem. The next section looks at what your executor will actually be searching for and why having that information organized makes a practical difference. 

1. What Will Your Executor Be Looking for When You Pass Away?

Initially, your executor may be looking for a prepared package of information in a location you have agreed upon in advance. This section outlines the types of information your executor may need, while a more detailed and practical checklist is provided in Section 7.

That package should bring together the key information your executor will rely on as your circumstances change. You should keep it current and organize it so they can understand it quickly without having to interpret or reconstruct Older man speaking with another person across a table during a casual conversationmissing details.

Why Should You Discuss This Information With Your Executor in Advance?

You should keep your executor informed of any updates and let them know where you keep this information. It is also helpful to meet with them while you are able, so they know who to contact for assistance and have the names of your trusted professionals, such as your lawyer, accountant, and financial advisor.

Who Can Help Your Executor Find the Information They Will Need?

It is also helpful to identify a trusted person, whether a family member, close friend, lawyer, or accountant, who can assist your executor in locating your estate information when the time comes. Knowing where you keep the critical information they will need, and who can help them find it, allows your executor to act quickly and with confidence.

Why Finding the Right Information Matters From the Start

When your executor begins administering your estate, their first task is not legal. It is practical. Before they can notify anyone, access any accounts, or begin the process of settling your estate, they need to find things. And in most cases, they are doing that search while they are grieving, under time pressure, and without a map.

The purpose of this post is to help you create that map while you are still able, and to make sure the people you trust know where to find it when the time comes.

What Your Executor Will Be Looking for Falls Into Several Categories, and Each One Matters

Your Will and the People Named in It

The signed original is the foundation of everything that follows. Your executor needs to know where it is, who prepared it, and who the beneficiaries and alternate executors are. A copy is not sufficient for most legal purposes. The original must be located.

Your Financial Accounts

Organized hanging file folders labelled with financial and personal record categories beside a keyBank accounts, investment accounts, TFSAs, RRSPs, RRIFs, credit cards, and other liabilities all need to be identified, accessed, and managed. Creditors must be paid before assets can be distributed. Accounts with named beneficiaries pass outside the estate, but your executor still needs to know they exist.

Your Insurance Policies

Life insurance proceeds are often the most immediate source of funds available to your family. If your executor cannot locate the policy or contact the provider, your family may face delays in receiving those proceeds at the worst possible time.

Your Key Contacts and Professionals

Your lawyer, accountant, financial advisor, and any pension administrators will need to be notified and consulted. Without a contact list, your executor may spend days tracking down people they should have contacted in the first hours.

Your Real Estate and Vehicle Documents

Maintaining copies of title records for real estate will be important so that your Executors can take control of any real estate. Mortgage details, ownership percentages, and the location of keys and ownership documents should all be accessible.

Your Digital Accounts

As mentioned earlier, email, online banking, social media, cloud storage, and subscription services all require attention. Many platforms will not grant access without prior authorization, regardless of your executor’s legal standing. Without documented credentials and your stated wishes, such as account logins and passwords, some accounts may be permanently inaccessible.

Your Final Wishes

One of the first things your executor and family may need to address is arranging the funeral, often within days and with limited time for reflection or discussion. If you do not document your preferences for burial or cremation, religious customs, and organ donation, those decisions fall to your family. They may have to make them at the worst possible time. Clear instructions can remove uncertainty, reduce stress, and help avoid disagreement at a time when emotions are already high.

Why Is Executor Information Often Difficult to Find?

In most cases, the information your executor will need is not unusual. Most people already have their accounts, documents, contacts, and instructions in some form. The issue is rarely that the information is missing. More often, no one hasTwo maze drawings on a chalkboard with a straight arrow showing a clear path through themsimply organized it in a place where someone else can find it.

Understanding what your executor needs to find is only the starting point. The next section explains what it actually means to prepare your information, and how to organize it so your executor can use it.

2. What Does Getting Your Affairs in Order Actually Mean?

Estate preparation means ensuring that the people responsible for your estate after you pass away have everything they need to do their job. That includes your legal documents, financial information, personal wishes, and contact details, organized, accessible, and kept current.

Most people have heard the phrase “getting your affairs in order.” Few have a clear picture of what it actually involves. It is not a single task. It is not something you do in an afternoon. And it does not apply only to people with significant wealth or complex estates.

Why Does Keeping Your Estate Information Current Matter?

The word “current” matters more than most people realize. A will prepared ten years ago may not reflect your life today. A beneficiary designation made when you opened an account may name someone who is no longer the right person. An insurance policy may have lapsed. A financial account may have moved to a different institution.

Preparing your estate is not a one-time event. You should revisit your estate information after every major life change. These changes may include a marriage, divorce, the birth of a child, the death of a named executor, or the purchase of a new property.

It also means having a conversation. The most organized package of documents in the world is only useful if your executor knows it exists, knows where to find it, and has enough context to act on it. That conversation, ideally held while you are well and able to answer questions, is one of the most practical things you can do for the people you love.

When that preparation is missing, the consequences can be significant. The next section looks at what can happen when your executor cannot find what they need.

3. What Happens When Your Executor Can’t Find What They Need?

Antique map with a compass and red X marking a locationWhen your executor cannot find what they need, the estate cannot move forward. Your executor must track down documents, locate accounts, and identify stakeholders and professionals. They must do this while the clock is running and the people doing that work are grieving.

This is not a worst-case scenario. It is the predictable result of a common problem. Most executors are not legal or financial professionals. They are spouses, adult children, or close friends you have trusted with an unfamiliar and time-sensitive responsibility, often under significant emotional strain.

When critical information is missing or disorganized, the consequences are practical, financial, and emotional. Delays in locating documents can stall the administration of the estate, missed payments may trigger penalties or interest, and uncertainty often leads to stress, confusion, or conflict among family members.

Delays

Every missing document, unknown account, or unlocated contact adds time to a process already measured in months. In Ontario, settling an estate already takes time, and missing or incomplete information can extend that process well beyond what most people expect, sometimes significantly.

Cost

The estate pays for the legal and administrative time spent locating accounts, tracking down contacts, and reconstructing financial records. That reduces what your beneficiaries ultimately receive. Delays and disorganization can also increase those costs over time. 

Family Conflict

When the process drags on and information is unclear, disagreements can surface among beneficiaries. Disputes over assets, decisions, and timelines are common complications executors face, and become far more likely when you leave the estate disorganized.Directional arrow on pavement pointing toward a brick wall

Permanent Loss

Some assets, accounts, and information may become permanently inaccessible if your executor overlooks them or cannot access them. Your executor may lose opportunities to carry out your financial or personal intentions when you do not clearly document them in advance.

Emotional Exhaustion

An unprepared estate does not resolve its administrative burden automatically. Someone must manage it, often without clear direction, at a time when they are already under significant stress. When preparation is incomplete, your executor may have to rely on default processes, incomplete information, or assumptions. This can lead to delays, added complexity, and outcomes that may not fully reflect your intentions.

The good news is that none of these consequences are inevitable. They result from a gap in preparation that you can close before it becomes someone else’s problem.

The next section explains what to prepare, where to keep it, and why those decisions matter.

4. Getting Started: What to Prepare, Where to Keep It, and Why It Matters

Getting started means identifying what your executor will need and gathering it in one organized place. Make sure the right people, including your executor and any trusted contacts, know where to find it. The sooner you begin, the less complicated it becomes.

What Information Should You Prepare for Your Executor?

Start with the essentials. In the early stages, your executor will need to locate your will, secure your assets, understand your funeral or burial preferences, and identify your beneficiaries. Beyond that, they will also rely on your insurance policies, financial account details, key contacts, real estate documents, digital account information, and your final wishes.

If you think it may be important to your executor, it belongs in what you prepare.

Powers of Attorney apply while you are living and cease upon death, but you should still keep them current. In many cases, the person you name as your power of attorney may also become your executor. For that reason, you should consider both roles together.

Where Should You Keep Information Your Executor Will Need?

Choose one secure and accessible location, whether a physical file, a safety deposit box, or a secure digital format, and make sure your executor knows where it is. Having a package serves little purpose if your executor cannot find it when Person entering a combination on a home safethey need it. Keep in mind, if you intend on placing your documents in a safety deposit box at a bank, if your executor or trusted individual does not have access to that safety deposit box (i.e. they are not a joint holder of that safety deposit box, or they cannot locate the key or aren’t sure which branch the box is located at), that can create problems in terms of their ability to retrieve your documents.

Keep It Current: When Should You Update Your Executor Information?

Review your preparation regularly, especially if your circumstances change. Changes in your relationships, assets, or responsibilities, such as adding a new account, updating a beneficiary, or changing your professional advisors, are all reasons to revisit what you have documented. When you make updates, make sure your executor is aware of them.

Have the Conversation: Why Should You Discuss Your Wishes With Your Executor?

Ideally, your executor should know your wishes before you are gone. Taking the time to speak with them while you are able to answer questions gives them clarity, direction, and confidence when it matters most.

A Helpful Planning Framework: Plan, Do, Check, Act

When it comes to preparing your estate, most people know they should take action but struggle with where to begin and how to stay on track. A simple planning framework can help.

Plan, Do, Check, and Act, Known as PDCA

PDCA cycle showing Plan, Do, Check and Act written on a chalkboardBusiness process experts originally developed PDCA as a four-step method for process improvement. It helps people plan more effectively, take action, review their progress, and adapt as circumstances change. We introduced PDCA in a previous guide, Avoiding Common Real Estate Mistakes: A Guide to the Pitfalls of Buying a Home, where we showed how structured planning reduces costly mistakes in real estate transactions. The same framework works just as well for estate preparation.

Plan

Identify what your executor will need and where the gaps are in your current organization. Consider who your executor is, whether your will is current, and whether your key documents are in one accessible place.

Do

Gather the documents, organize the information, and make the necessary decisions so your executor can act with clarity and confidence. This is the stage where intention becomes action.

Check

Review what you have prepared. Confirm it is current, complete, and that your executor knows where to find the information. Consider asking a trusted person to review it with you so you overlook nothing.

Act

Update your preparation as your circumstances change and repeat the cycle. Changes in your accounts, relationships, or responsibilities are all reasons to revisit what you have put in place. Keeping your information current allows everything else to work when your executor needs it.

A Note on Probate

Probate is the legal process through which the court validates your will and grants your executor formal authority to administer your estate. In Ontario, a Certificate of Appointment of Estate Trustee confirms this authority. For a detailed explanation of what probate involves, when it applies, and what is required to navigate it, our A Hands-On Guide for the First (or Second) Time Executor explains the process in more detail.

Legal books, open document, gavel and official stamp on a deskNot every estate requires probate. Whether it applies depends on the nature and value of your assets, the requirements of financial institutions, and the overall circumstances involved. Assets with named beneficiaries, jointly held property, and certain registered accounts may pass outside the estate entirely and do not require probate to transfer.

Probate does require time. In Ontario, the process can take several months before the certificate is issued, and estate administration continues well beyond that. A well-organized estate, with a clear will and documented assets, can help reduce the complexity and duration of the process considerably.

The next section explains how a lawyer can help you through this process.

5. How Can a Lawyer Help You Get Your Affairs in Order

Meeting with a lawyer is a practical way to get started and apply the PDCA framework to your estate planning.

An estate lawyer can help you identify what needs to be documented and uncover gaps you may not have considered. They can also confirm that your legal documents are valid and current, and ensure the people you have named, including your executor, beneficiaries, and attorneys, have what they need to act on your behalf when the time comes.

Many people find that the challenge is not the paperwork itself but knowing how to begin. If that sounds familiar, speaking with an estate lawyer can be one of the most practical first steps you take.

An estate lawyer can confirm that your will is current, properly signed, and reflects your actual wishes. They can also identify gaps you may not have considered, including whether your named executor is still the right choice, your beneficiary designations are up to date across all accounts and policies, and your powers of attorney are in place for both property and personal care.

How Can a Lawyer Help Organize the Information Your Executor Will Need?

Beyond the legal documents, a lawyer can guide you through the information your executor will need and help you understand what is most important to organize and document. For many people, that conversation becomes the catalyst that turns a vague intention into a completed plan.

A lawyer can also help you understand whether your estate may require probate, what the process involves, and how your assets are held and titled can affect what your executor will need to do.

When Should You Speak With an Estate Lawyer?

If you have been putting this off because it feels overwhelming, or because you are not sure what is required, that is precisely the right time to ask for help. The goal of that first conversation is not to commit to anything. It is simply to Person writing notes at a desk with a computer keyboard, glasses and coffeeunderstand where you are and what the next steps look like for your specific situation.

Every estate is different, and all individuals needs vary depending on their circumstances and intention. The appropriate steps depend on your circumstances, assets, and family situation. Speaking with an estate lawyer can help ensure that the plan you put in place reflects your life as it is today. 

With that guidance in mind, the next step is knowing where to begin. The next section outlines a practical starting point to help you move forward.

6. Where to Begin

No matter where you are in the process, whether you are just starting or have been meaning to get organized for years, the most important step is to begin.

A structured approach, such as the PDCA framework, can help you move forward with clarity and stay on track as your circumstances change.

What Information Would Your Executor Need to Find Tomorrow?

Start by making a list of what your executor would need to find if you passed away tomorrow. Think in terms of accounts, documents, contacts, and instructions, and where each of those items is located.

If any of that information is missing, disorganized, or unknown to the people who would need it, that is where you should start.

If you are unsure how to move forward, speaking with an estate lawyer can help clarify your situation and identify any gaps.

Chalkboard with the words “Where Do I Begin?” beside a stopwatchEvery estate is different. The right steps depend on your circumstances, assets, and the people you have chosen to carry out your wishes. What matters most is that the people you love are not left searching for answers at the worst possible time.

Once you have a clear starting point, the next step is to begin organizing that information. The next section provides a practical checklist to help you move forward.

7. A Practical Estate Preparation Checklist

Use this checklist to identify the key information and documents your executor may need to locate, confirm, or manage.

General Information

  • Your contact details. Full legal name, date of birth, address, phone number, and email address
  • Social Insurance Number
  • Marital Status
  • Location of original Last Will and Testament
  • Powers of Attorney (property and personal care)
  • Date of last will
  • Executor(s) names
  • Alternate Executor(s) names
  • Contact information, including office #, mobile # and email address of critical stakeholders, including your executor, power of attorney, beneficiaries, etc.Image used in Nichols Law Professional Corporation’s estate planning guide to illustrate the challenge of knowing where to begin when organizing the information and documents your executor may need.

Key Contacts and Professional Advisors

  • Lawyer
  • Accountant
  • Financial advisor or planner
  • Pension or benefits administrator
  • Any other professional regularly involved in your legal, financial, or estate affairs
  • Contact information, including office #, mobile # and email address for these stakeholders

Insurance Policies

  • Life insurance policies
  • Health, property, vehicle, or other insurance coverage
  • Policy numbers, providers, beneficiaries, and contact information
  • Location of policy documents
  • Contact information, including office #, mobile # and email address for insurance contacts

Financial Accounts and Liabilities

  • Bank accounts, including institution, account type, and account number
  • Credit cards, lines of credit, loans, and other debts
  • Investment accounts, including TFSAs, RRSPs, RRIFs, RESPs, and non-registered accounts
  • Notes on beneficiary designations, joint ownership, or advisor contact information
  • Contact information, including office #, mobile # and email address for these financial contacts and stakeholders

Real Estate, Property, Vehicles, and Physical Assets

  • Person writing on a clipboard beside a laptop computerProperty addresses and ownership details
  • Mortgage holders and account information
  • Location of title, deed, lease, or key documents
  • Vehicles, including make, model, year, VIN, insurance, and title location
  • Valuables, collectibles, jewellery, art, or heirlooms, including location and intended recipient if known
  • Safety deposit boxes, including institution, branch location, box number, and where the key is stored
  • Any joint access or authorized person for the safety deposit box
  • Contact information, including office #, mobile # and email address for these stakeholders

Pension, Retirement, and Business Interests

  • CPP, OAS, pension plans, and retirement benefits
  • Account or plan numbers and administrator contact information
  • Business interests, ownership percentages, shareholder or partnership details, and location of key agreements
  • Contact information, including office #, mobile # and email address for these pension, retirement and business interest stakeholders

Digital Accounts and Online Access

  • A list of all your email accounts, addresses, password hints, passwords, 2 Factor enabled? Include: Username, login email, password location, and password manager details.
  • Phone access code (2 Factor verification)
  • Online banking and payment platforms. Cryptocurrency.
  • Social media accounts
  • Cloud storage and subscription services
  • Username, login email, password location, password manager details, and any two-factor authentication notes
  • Digital wishes, including whether accounts should be closed, memorialized, or preserved

Personal Instructions and Executor Support

  • Funeral, burial, or cremation preferences
  • Religious or cultural wishes
  • Organ donation wishes
  • Obituary instructions or other personal notes
  • Location of this guide or checklist
  • Confirmation that your executor knows where to find it and who to contact for help

As you work through these steps, questions may arise about specific situations or details. The next section addresses some of the most common questions.

8.FAQ

How Do I Choose an Executor?

Colourful sticky notes with question marks beside a keyboard and coffee cupAn executor should be someone you trust completely, who is organized, reliable, and capable of handling financial and legal responsibilities under pressure.

They do not need to be a lawyer or financial professional but should be willing to ask for help when needed. It is also important to consider their proximity to manage practical tasks, their ability to remain impartial if family disagreements arise, and whether they are likely to outlive you.

Having a conversation before naming them in your will is equally important. Being named without warning can be overwhelming, and they may decline the role.

Who Should Have a Copy of My Estate Preparation Documents?

It is important that your executor knows where your preparation documents are kept and how to access them.

A trusted secondary person, whether a family member, close friend, lawyer, or accountant, should also know where they are kept in case the executor is unavailable or unreachable.

Copies of certain documents, such as your will, may also be held by your lawyer. The original signed will should be stored securely, as copies are not sufficient for most legal purposes in Ontario.

How Often Should I Update My Estate Preparation?

Estate preparation should be reviewed regularly, particularly when circumstances change. Changes in relationships, financial position, or responsibilities are all reasons to revisit what has been documented.

As a general practice, an annual review is a reasonable habit even when no major changes have occurred. Circumstances change gradually, and what was accurate two years ago may no longer reflect your life today.Hand circling a date on a calendar with a pen

What Happens to My Estate If I Die Without a Will in Ontario?

If someone passes away without a valid will in Ontario, the estate is distributed according to the rules of intestacy under the Succession Law Reform Act. This means assets are divided according to a prescribed legal framework, typically among the closest relatives, regardless of personal wishes.

A spouse, children, and other family members may inherit in proportions set by law rather than by intention. No executor is named in advance, and one must be appointed by the court. The process can be significantly more complex, time-consuming, and costly than administering a properly prepared estate.

Can I Prepare My Estate Documents on My Own Without a Lawyer?

Some aspects of estate preparation, such as organizing financial information, documenting digital accounts, and setting out personal instructions, can be done independently. A will, however, must meet specific legal requirements to be valid in Ontario, including proper signing and witnessing. If it is improperly prepared or executed, it may be challenged or deemed invalid, which can create significant problems for an executor and beneficiaries.

Speaking with a lawyer helps ensure your documents meet legal requirements and that key details have not been overlooked.

What Should I Do If My Executor Passes Away Before I Do?

Naming an alternate executor in your will is an important step. An alternate steps in if the primary executor is unable or unwilling to act. If no alternate is named and the executor predeceases you, the court may need to appoint someone to administer the estate, which can add time and complexity.

Group of paper airplanes with one airplane moving in a different directionIt is also worth reviewing this choice periodically, particularly after significant life changes, to confirm that the person named remains the right choice and is willing to take on the role.

What Happens to My Digital Assets If My Executor Cannot Access Them?

If an executor cannot access your digital accounts, the outcome depends on the policies of each platform. In many cases, accounts may be locked, restricted, or eventually closed without access being granted.

This can result in the permanent loss of financial value, important records, or personal content, including emails, photos, and stored documents.

Maintaining a record of accounts, including a list of each account, the associated login name or email, and passwords, along with clear instructions stored securely, can help ensure these assets are managed effectively when the time comes.

What Happens to My Pets If I Pass Away?

You can name a person in your will to take responsibility for your pets and leave funds to support their care. Some people also establish a pet trust, which provides ongoing funding under specific conditions.

If no arrangements are made, the decision about what happens to your pets falls to your executor, who may have no guidance on your wishes.

Documenting your preferences and speaking with your lawyer about the available options is the most reliable way to ensure your pets are cared for.

While these answers address common concerns, additional information may be helpful depending on your situation. The next section provides further resources for guidance.

9. Additional Resources: Expand Your Knowledge

We’ve included a couple of our previous blog posts which may also be of interest to you.Stack of books with reading glasses resting on top

A Hands-On Guide for the First (or Second) Time Executor

Navigating the Complexities of Estate Planning; Your Last Will and Testament and Powers of Attorney

For more information about Nichols Law and how our team may assist with your estate planning needs, please visit our website.

Sources and Links

Disclaimer

Sources and links are provided for source credit and attribution, and for additional information purposes only. Nichols Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any of the sources or links provided.

Referenced Resources

Wills, Estate Planning and Choosing an Executor

IG Wealth Management, “Why You Need To Choose Your Executor Wisely”

ANGUS REID Institute, “Lacking the Will: Half of Canadians Say They Don’t Have a Last Will and Testament, Including One-in-Five Aged 55+”

Sun Life, “How To Choose an Executor for Your Estate”

STEP Canada, “What Happens if I Die Without a Will?”

Government of Canada, “What Every Older Canadian Should Know About: Having a Will and Making Funeral Plans”

IG Wealth Management, “What Happens if You Die Without a Will in Canada?”

Wealthsimple, “Estate Planning for Canadians Made Simple”

Ontario Government, ‘Estate Planning and Wills’

Narrative Research/Logit Group, “Half of Canadians Don’t Have a Last Will and Testament”

Canada Protection Plan, “A Five-Step Estate Planning Checklist”

Scotia Wealth Management, “Will Planning and Review Checklist”

Ontario Medical Association, “Estate Planning Checklist Can Help You Prepare for the Road Ahead”

CEA Wealth, “Almost Half of All Canadians Lack Estate Plans, Leaving Financial and Medical Decisions Uncertain”

RBC Financial Planning, “Estate Planning Guide”

MD Financial Management “Estate Planning Checklist: Everything You Need To Think About”

Ontario Securities Commission, “Wills and Estate Planning”

Executor Responsibilities, Estate Administration and Probate

CIBC, “Executor Guide”

Government of Canada, CRA, “Estates and Trusts – Under Review”

Canada Life, “How Long Does an Executor Have To Settle an Estate?”

Probate/Estate – Ontario Government, “Apply for Probate of an Estate”

Estate Tax – Ontario Government, “Estate Administration Tax”

Trustee Act – Ontario Government, “Trustee Act”

Estate Administration. – Ontario Government, “Administering Estates”

Organizing Important Information and Records

Fiduciary Trust Canada, “Locked Out Without Your Help”

Government of Canada, “Can I Get Personal Information About Someone Who Is Deceased?”

Globe and Mail, “Why the ‘Death Binder’ Is Becoming an Essential Part of Estate Planning”

Digital Assets, Financial Assets and Unclaimed Property

Royal Bank of Canada, “A New Generation of Estate Planning: Why Create a Digital Legacy”

Macleans, “Canadians Are Sitting on $16 Billion in Unredeemed Loyalty Points”

Bank of Canada, “Bitcoin Awareness and Usage in Canada: An Update”

Bank of Canada, “Unclaimed Properties”

Government of Canada, “Unclaimed Bank Balances”

Mackenzie Investments, “Digital Assets and Estate Planning”

Funeral, Bereavement and What to Do After a Death

Ontario Government, “Arrange a Funeral, Burial, Cremation, Alkaline Hydrolysis or Scattering”

Bereavement Authority of Ontario. “Overview for Consumers”

Government of Canada, “What To Do When Someone Dies? Prepare for End of Life”