Surviving Probate Delays: Plan Ahead to Manage Estate Expenses
You’ve done the hard work to build a robust estate plan that protects your family, but do you live in a city where probate delays could leave your loved ones vulnerable?
The probate process in the Greater Toronto Area can take from 6 to 8 months to complete and although this timeline is much longer than average, other Canadian cities can range from several weeks to a few months.
Since most estates require probate, even small delays can mean big problems for your family and executor. Paying for immediate expenses while waiting for probate could strain your family’s finances if you don’t have a plan in place.
Probate is a court process required to authenticate your will and approve your named executor.
This article offers valuable tips on how your executor can access funds for estate expenses, without relying on your family to provide, while waiting for probate approval.
You Can’t Bank on Accessible Cash
A big hurdle for an executor is dealing with banks to access cash from the estate while waiting for probate. Generally banks will allow auto withdrawals for bill payments to continue, and some allow bank drafts to pay one time expenses like probate fees and funeral costs.
However, policies differ from bank to bank and even from branch to branch. Presenting a notarized death certificate and the will is no guarantee the bank will allow access to estate funds. Until probate is granted, there is no assurance the will is the most current or valid.
So how can you help your executor manage the banks while waiting for probate?
- Include a clause in your will directing the bank to allow ongoing bill payments and other urgent expenses while waiting for probate. Although this step does not solve the issue of proof of a valid will, it demonstrates your intent.
- Meet with your bank manager to discuss and document how your executor can work within their policies to pay time-sensitive, estate related expenses.
Financial institutions are inconsistent when giving executors access to bank accounts until a Certificate of Appointment of Estate Trustee is issued
Clearing Immediate Expense Hurdles
A key estate planning goal is to care for your family’s needs after your death, but prolonged probate can cause unexpected challenges and high stress when they need stability the most.
Since most executors are also family members, they could find themselves having to use their own funds to pay bills and other expenses while waiting for probate.
To avoid this you could plan ahead to eliminate or minimize immediate expenses.
- Pre-pay your funeral expenses. Many funeral homes have packaged pre-paid plans that outline your final wishes.
- Set up auto payments for all regular monthly expenses. Generally most banks will allow auto payments to continue from estate bank accounts.
- Keep 8 to 10 months of expenses in your bank account, since most income sources cease at death
- Life insurance proceeds could help with immediate expenses. Life insurance policies are usually disbursed quickly. Your designated beneficiary could agree to loan funds needed for probate fees and other expenses.
- Minimize probate delays. Consider using strategies like joint accounts with your spouse, direct beneficiary designations or creating a trust to bypass probate. Work with an estate planner to find the best approach for you. Read our blog Probate by Design to learn more
Estate Administration Tax (EAT)/probate fees vary by province and can be significant. In Ontario a $2M estate would pay around $29,000 in EAT.
Dodging Expense Curveballs

In addition to immediate expenses in the first several weeks after death, there are many other expected and unexpected expenses that may arise prior to probate approval.
Income tax could be due as early as a few months after death. Since all assets are deemed to be sold on the date of death, capital gains could cause a high tax bill.
Creditors your executor isn’t yet aware of could demand immediate payment or the estate might be penalized with high interest or penalties.
Family members, likely related to your executor, could exert pressure to pay some of their inheritance right away.
Strategies to plan ahead for expense curveballs:
- Life insurance proceeds could be used to pay income tax; however, the designated beneficiary would need to be in agreement to loan the funds until probate is approved.
- Bridge financing companies will offer loans to executors or inheritors who need funds while waiting for probate or estate settlement. Bridgeport Financial is one such company.
- Organize your important information in one place to set your executor up for success. Our Family Playbook™, housed in a secure platform with SideDrawer™ is a roadmap to everything your executor needs to administer your estate.
- Communicate your plan to manage your family’s expectations. Make sure they know that getting their inheritance can take 12 to 18 months, or longer.
Your executor is accountable to respect your wishes, be transparent with beneficiaries, and competently manage the administration of your estate.
Conclusion
You’ve done the hard work to build a robust estate plan that protects your family, but did you factor in the impact of probate delays? The impact of probate delays depends on where you live, but even a few weeks’ delay can leave your family vulnerable. With thoughtful preparation you can strengthen your estate plan and provide stability for your loved ones.
Did this article provide insight on how to fund estate expenses during probate delays?
We’d love to hear if this article raised awareness about the impact probate delays can have on your executor and family. Share your thoughts with us.
Financial Concierge™ offers Professional Executor and Power of Attorney services to assist with executor, attorney duties or help with managing daily financial activities. Learn more about Financial Concierge™ here.
Author: Janet Jackson, Contributor: Jill Chambers
DISCLAIMER: This blog is not intended to be legal or financial advice and should not be construed as anything other than for information purposes.