The death of a parent is one of the most emotionally difficult events in a person’s life. But in Canada, there are also time-sensitive legal and financial obligations that need to be handled — some within days, others within weeks or months.
This guide covers what to do and when, whether you are the executor of the estate or simply a beneficiary.
Immediate steps (within the first week)
1. Locate the will
A will names the executor (also called Estate Trustee in Ontario) who is legally responsible for administering the estate. Without finding the will quickly, banks and government agencies cannot be notified of the correct executor.
| Where to Look | Details |
|---|---|
| Home safe, filing cabinet, safety deposit box | Most common locations |
| The parent’s lawyer | Many Canadians store their will with their lawyer |
| Notarial will (Quebec) | A notarial will is deposited with the Quebec Chambre des notaires — search the notarial register |
| Will registry | Some provinces have wills registries — ask your provincial court if one exists |
If there is no will (intestacy), the court appoints an administrator and provincial intestacy rules determine how the estate is divided.
2. Notify government agencies
| Agency | What to Report | Why |
|---|---|---|
| Service Canada (CPP/OAS) | Date of death | Stops CPP and OAS payments; triggers death benefit application |
| CRA | Date of death | Stops benefit payments; executor must file final return |
| ESDC / Employment records | If still employed | Notify employer for final pay, group benefits termination |
| Veterans Affairs (if applicable) | Date of death | Stop any VAC benefits |
Overpayments of CPP or OAS after the month of death must be returned. Act quickly to avoid receiving payments that must be repaid.
→ See: CPP Death Benefit Guide Canada
3. Notify financial institutions
| Institution | What to Do |
|---|---|
| Bank(s) | Notify of death; request estate account setup; freeze sole accounts |
| Investment accounts (RRSP/RRIF/TFSA) | Notify; successor or beneficiary designations may bypass estate |
| Pension administrator | Report death; apply for survivor’s pension if applicable |
| Life insurance | File a claim; beneficiary receives proceeds directly (not through estate) |
| Canada Savings Bonds | Notify Bank of Canada or financial institution |
TFSA: If a successor holder was named, the TFSA transfers directly to the surviving spouse tax-free with no impact on their own room. If a beneficiary (not successor) was named, the funds transfer but growth after death is taxable. If no designation, the TFSA becomes part of the estate and goes through probate.
RRSP/RRIF: If the spouse or a qualified beneficiary was named, the RRSP/RRIF transfers tax-deferred. If no beneficiary or the estate is named, the full value is included in the deceased’s income and taxed on the final return — which can create a large tax bill.
→ See: What Happens to RRSP When You Die
The final tax return (T1)
The executor is responsible for filing the deceased’s final tax return. This is one of the most important — and most commonly mishandled — estate tasks.
| Task | Details |
|---|---|
| File the terminal T1 return | Due April 30 of the following year (or 6 months from death for deaths Nov 1–Dec 31) |
| Report all income to date of death | Employment, pension, RRSP/RRIF income, investment income up to date of death |
| Report deemed dispositions | Investments and real property are deemed sold at FMV on the date of death — capital gains are triggered |
| Claim the principal residence exemption | If applicable, the gain on the family home may be sheltered |
| RRSP/RRIF inclusion | If no eligible spousal/beneficiary rollover, the entire RRSP/RRIF value is income in the final year |
| T3 estate return | If the estate earns income after the date of death (e.g., rental income, investment interest), a T3 estate return must also be filed |
Request a Clearance Certificate (Form TX19) from CRA before distributing the estate. This confirms CRA has assessed all taxes and the executor is not personally liable for outstanding tax debts if the estate has been distributed.
→ See: Deceased Person Tax Return Canada | Estate T3 Return Canada
CPP Death Benefit and Survivor’s Pension
| Benefit | Who Receives It | Maximum Amount |
|---|---|---|
| CPP Death Benefit | Estate or next of kin | $2,500 (one-time, taxable) |
| CPP Survivor’s Pension | Surviving spouse / common-law partner | Up to 60% of contributor’s retirement pension |
| CPP Children’s Benefit | Dependent children under 18 (or 25 if in school) | Monthly amount |
Apply at Service Canada: 1-800-277-9914 or online at Canada.ca. Bring the death certificate, the deceased’s SIN, and your own SIN.
Probate: what it is and when you need it
Probate is the court process of validating a will and authorizing the executor to act on behalf of the estate. It is typically required when:
- The estate holds real property in the deceased’s name alone
- Financial institutions require it before releasing funds
- There are disputes about the will’s validity
| Province | Probate Fees | Notes |
|---|---|---|
| Ontario | 1.5% of estate value over $50,000 | Called Estate Administration Tax |
| BC | 1.4% of estate value over $25,000 | |
| Alberta | Max $525 (flat fee schedule) | Very low compared to other provinces |
| Quebec | Notarial wills do not require probate | |
| Ontario/BC | Can often avoid probate for assets with named beneficiaries (RRSP, TFSA, life insurance) |
Probate can be avoided for assets that pass by beneficiary designation (registered accounts, life insurance) or joint tenancy (joint real property) — these pass outside the estate without going through probate.
→ See: Probate Fees by Province Canada
Your duties as executor vs as beneficiary
| Role | Primary Duties |
|---|---|
| Executor | Locate and file the will; notify government and financial institutions; gather and protect estate assets; file final T1 and T3 returns; pay debts and taxes; obtain Clearance Certificate; distribute assets per the will |
| Beneficiary | Wait for the distribution process; review the estate accounting; contest the will within the statutory period if grounds exist |
Executors can be held personally liable for distributing the estate before taxes are paid. Always obtain a CRA Clearance Certificate first.