What Happens If the Executor Refuses to Probate the Will?

When faced with probate refusal, beneficiaries often feel stuck—waiting for an executor who won’t act, delaying access to assets and disrupting the administration of the estate. In Ontario, probating the will is a key step that gives the executor legal authority to manage and distribute the estate. If the executor refuses or fails to initiate the process, it can be a serious breach of their will executor duties.

1. Why Probate Matters

Probate is the court’s formal approval of the will and appointment of the executor. Without it, the executor:

• Cannot access bank accounts or sell real estate
• Has no authority to pay debts or distribute property
• May be unable to deal with financial institutions or government agencies

A probate refusal leaves the estate frozen—and beneficiaries without clarity.

2. Common Reasons Executors Refuse to Probate

While not common, executors sometimes delay or refuse probate due to:

• Personal conflict with beneficiaries
• Lack of knowledge or legal advice
• Desire to avoid responsibility or liability
• Disagreement with the terms of the will
• Attempting to control or withhold estate assets

Regardless of the reason, will executor duties are legal obligations—not optional.

3. What Can Beneficiaries Do?

If an executor refuses to act, beneficiaries have several legal options:

• Send a formal demand letter requesting action within a set timeframe
• Apply to the court to remove the executor and appoint an alternate
• Ask the court to appoint an Estate Trustee With a Will if probate has not started
• Seek costs if the delay causes financial harm to the estate or beneficiaries

4. Replacing an Inactive Executor

Under Ontario law, if an executor refuses or is unable to act, beneficiaries (or other interested parties) can apply to the court to have the executor passed over or removed. The court may appoint:

• An alternate named in the will
• professional estate trustee
• A beneficiary willing and qualified to serve

5. Time and Strategy Matter

Delays in addressing probate refusal can result in:

• Loss of estate value
• Missed tax deadlines
• Legal conflicts among heirs
• Difficulty accessing financial records

Engaging an estate litigation lawyer early helps protect the estate and ensures will executor duties are enforced.

Key Takeaway

An executor’s refusal to probate the will is not just inconvenient—it’s legally unacceptable. If you’re dealing with an uncooperative executor, take action. The courts can intervene, remove the executor, and get the estate administration back on track.