What to Do When a Loved One Passes Away in Ontario: A Step-by-Step Guide

Losing a family member is never easy. Along with grief, families are often faced with overwhelming questions about what to do after someone dies in Ontario. From funeral arrangements to dealing with estate matters, knowing the proper steps can help reduce stress and avoid costly mistakes. At Derfel Estate Law, we help families navigate these difficult times with compassion and clear legal guidance. Here’s a practical overview of what you need to know.
  1. Notify the Right People and Authorities
The first step after someone passes away is to notify the proper parties:
    • Medical authorities: If the death occurs at home, contact emergency services or the attending physician. A death certificate must be issued.
    • Family members and close friends: Let loved ones know right away.
    • Funeral home: A licensed funeral director can guide you through the initial steps, including transportation and funeral arrangements.
If the death was unexpected or happened at home, call 911 immediately.  Do not move the body. Emergency services or police will arrive, provide medical confirmation of death, and arrange for the body to be transferred to a hospital for a legal pronouncement of death and an official certificate. If the death was expected or happened in a facility such as a hospital or care facility, the staff will handle the official declaration of death and provide the necessary paperwork. Inform them of your preferred funeral home so they can coordinate with them.  
  1. Obtain the Death Certificate
The death certificate is a crucial legal document.  Death certificates are obtained from ServiceOntario.   Funeral homes usually assist in registering the death with the province. Multiple copies are required to manage estate, banking, and government matters.  If you are obtaining the death certificate from ServiceOntario yourself, here are some considerations:
    • Online Application (Fastest)
      • Visit the ServiceOntario Website: Go to the official ServiceOntario website to begin the process.
      • Complete the Application: Fill out the online application form with the required details about the deceased.
      • Provide Your Information: Enter your own contact information and indicate your relationship to the deceased.
      • Upload Documents: You may need to upload supporting documents or identification to verify your authorization to receive the certificate.
      • Pay the Fee: Pay the applicable fee using the available online payment options.
      • Receive the Certificate: The certificate will be mailed to you.
    • In-Person or Mail Application
      • Complete the Form: Download and complete the PDF application form for a death certificate.
      • Submit Your Application: You can submit the completed form and fee in person at a ServiceOntario location or mail it to the Office of the Registrar General
      • Pay the Fee: Include your payment (cheque, money order, etc.) with your application.
      • You will need information about the deceased: Full name, date of death, and place of death.
      • You will need your information and proof of identity, including your name, address, and a valid contact method.
      • You will need Documentation showing you are the next of kin or an authorized representative of the deceased (a copy of the will).
  1. Make Funeral and Memorial Arrangements
Planning a funeral, burial, or cremation often needs to happen quickly. Decisions may depend on:
    • Your loved one’s written wishes (e.g., in a will or pre-arrangement)
    • Religious or cultural traditions
    • Family preferences and finances
A funeral can be very expensive. For families and individuals with limited means, there are a number of options:
    • Ontario Works: Apply for financial assistance through your local Ontario Works office, which can cover basic costs like body transfer, burial plots, or cremation. Assistance must be arranged before signing a contract with a service provider.
    • Social Assistance-Funded Funeral: Ask the funeral director about a social assistance-funded funeral, which the funeral home can arrange with the Ministry of Children, Community and Social Services on your behalf.
    • Canada Pension Plan (CPP) Death Benefit: Eligible survivors may receive a one-time death benefit from the CPP, which can help cover some expenses.
    • Veterans Affairs Canada: Veterans or their survivors may be eligible for funeral and burial allowances.
    • Local charities and faith-based groups may offer financial help or support to families struggling with funeral expenses.
    • Many funeral homes offer lower-cost packages, direct cremation options, simple memorial services, or rental caskets to help manage costs.
    • Websites like Basic Funerals and Cremation Choices (basicfunerals.ca) can provide information on social services and assistance programs.
 
  1. Gather Important Documents
To begin the estate process, collect the following:
    • The will (if one exists)
    • Identification documents (driver’s licence, health card, passport)
    • Banking, investment, and insurance records
    • Property deeds, mortgages, and loan documents
  1. Notify Government Agencies
Contact Service Canada and other agencies to cancel benefits and prevent fraud:
    • Cancel OAS, CPP, and other federal benefits
    • Apply for CPP death benefits or survivor benefits if eligible
    • Cancel health card, driver’s licence, and passport
Here is a more detailed (not exhaustive) list of some agencies to contact:
    • Canada Revenue Agency (CRA): Contact them as soon as possible to report the date of death and resolve any issues with benefits and taxes.
    • Canada Pension Plan (CPP) and Old Age Security (OAS): If the deceased received these benefits, they must be cancelled.
    • Employment Insurance (EI): If the deceased received or was eligible for EI, contact EI.
    • Service Canada Centre: Mail any valid passports to Passport Canada for cancellation.
    • Notify Financial Institutions and Creditors
Banks, credit card companies, and insurers must be informed of the death. Many institutions will freeze accounts until the executor (estate trustee) is legally authorized to act.
  1. Probate and Appointing an Estate Trustee
If the deceased left a will, the executor may need to apply for a Certificate of Appointment of Estate Trustee with a Will (commonly called probate).  If there is no will, a family member may apply for a Certificate of Appointment Without a Will.  This step gives legal authority to manage and distribute the estate.
  1. Executor’s Responsibilities
The executor (or administrator if there is no will) must:
    • Collect and safeguard assets
    • Pay outstanding debts and taxes
    • File the deceased’s final tax return
    • Distribute assets to beneficiaries under the will or Ontario’s Succession Law Reform Act
  1. Seek Legal and Financial Guidance
Estate matters can be complex. Professional advice can help avoid mistakes:
    • Estate lawyers – for probate applications, disputes, or trustee guidance
    • Accountants – for final tax filings and financial compliance
    • Financial advisors – to assist beneficiaries with inheritance planning
  1. Care for Yourself and Your Family
Finally, don’t overlook the importance of support. Grief is a difficult process—family, community, and counselling services can provide comfort during this time.  You can reach out to your family doctor.  Also, here is a list of some free community grief counselling services available in Ontario:
  1. Bereaved Families of Ontario (BFO): Offers cost-free, peer-based support groups and resources for those who are grieving the loss of a loved one. You can find a local BFO chapter through their website.
  2. ConnexOntario: A 24/7 service that provides free information and support for mental health, including grief. You can call them at 1-866-531-2600 to get information and referrals to local services.
  3. Canadian Mental Health Association (CMHA): CMHA branches across the province offer free resources, information, and sometimes local grief support programs, according to CMHA Ontario.
  4. The Lighthouse Program for Grieving Children: Provides free grief support services and resources for grieving children, youth, and families.
  5. Local Hospice and Community Services: Many communities have hospice organizations, community centres, or faith-based groups that offer free grief support groups and programs. For example, Dorothy Ley Hospice in Etobicoke offers grief support, and many hospitals and public health units also provide resources.
  6. Mygrief.ca: An online resource to help individuals manage their grief at their own pace from home.

Other considerations

  • Pensions from other countries.
  • Assets and accounts in other countries.
  • Income from other countries.

Frequently Asked Questions

  1. Do I always need a lawyer when someone dies?: Not always, but estate lawyers can make the process smoother and reduce the risk of disputes.
  2. What if my loved one died without a will?: Ontario’s intestacy laws apply. Assets are distributed to spouses, children, and other relatives according to strict rules.
  3. How long does the estate process take?: It can take several months to years, depending on complexity, probate requirements, and whether disputes arise.
How Derfel Estate Law Can Help At Derfel Estate Law, we understand the emotional and legal challenges that follow the loss of a loved one. Our team provides clear, compassionate guidance to help families in Ontario:
  1. Navigate probate applications
  2. Handle estate trustee responsibilities
  3. Resolve estate disputes
  4. Ensure beneficiaries receive what they are entitled to
  5. Contact us today to discuss your situation and get trusted legal advice on next steps.
Disclaimer This blog post is for information purposes only and does not constitute legal advice. Every situation is unique, and you should consult with an Ontario estate lawyer regarding your specific circumstances.