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Executor Notice to Creditors (Ontario / BC / Alberta)
The Notice to Creditors is not a courtesy — it is the gatekeeper of the estate trustee's personal-liability protection on distribution. In Ontario, Trustee Act s.53 makes the executor personally liable for any claim the executor had no notice of before distributing the estate, unless the s.53 notice procedure has been followed. British Columbia's Trustee Act s.38 and the Alberta Surrogate Rules Rule 38 do the same job with different mechanics. Our Canadian template writes a publication-ready notice that names the right statute, picks the court-recognised channel (NoticeConnect in Ontario, the BC Gazette plus a local newspaper in BC, a local newspaper in Alberta), computes the right minimum claims window, and frames the claim-management matrix, the retention reserve and the late-claim treatment. It is the difference between distributing the residue cleanly and distributing it personally on the hook.
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Notice to Creditors and Claimants
Estate Of Harold W. Macintyre — Ontario · Publication Notice Under The Trustee Act (Ontario), S.53 · June 13, 2026
Jennifer L. MacIntyre
c/o MacIntyre Estate Law, 200 Bay Street, Suite 4500, Toronto ON M5J 2J2
+1 (416) 555-0144
jennifer.macintyre@estatelaw.ca
June 13, 2026
All Creditors and Claimants of the Estate
Publication notice — Ontario, Canada
NOTICE TO CREDITORS — THE TRUSTEE ACT (ONTARIO), S.53
Claim deadline: July 13, 2026
Notice is hereby given to the creditors and claimants of the estate of Harold W. MacIntyre, retired civil engineer, who died on February 18, 2026, late of 42 Lawrence Avenue East, Toronto ON M4N 1S6. I, Jennifer L. MacIntyre, the estate trustee with a will of the estate, give this notice under the Trustee Act, R.S.O. 1990, c. T.23, s.53 (Ontario) so that all persons having claims against the estate may bring them forward before the estate is distributed.
1.
THE ESTATE TRUSTEE, THE DECEASED AND THE PROVINCE
ESTATE TRUSTEE: Jennifer L. MacIntyre
Address: c/o MacIntyre Estate Law, 200 Bay Street, Suite 4500, Toronto ON M5J 2J2
Telephone: +1 (416) 555-0144
Email: jennifer.macintyre@estatelaw.ca
Role: estate trustee with a will
Deceased: Harold W. MacIntyre
Last address: 42 Lawrence Avenue East, Toronto ON M4N 1S6
Date of death: February 18, 2026
Occupation: retired civil engineer
Governing province: Ontario — this notice is given under the Trustee Act, R.S.O. 1990, c. T.23, s.53 (Ontario).
Address: c/o MacIntyre Estate Law, 200 Bay Street, Suite 4500, Toronto ON M5J 2J2
Telephone: +1 (416) 555-0144
Email: jennifer.macintyre@estatelaw.ca
Role: estate trustee with a will
Deceased: Harold W. MacIntyre
Last address: 42 Lawrence Avenue East, Toronto ON M4N 1S6
Date of death: February 18, 2026
Occupation: retired civil engineer
Governing province: Ontario — this notice is given under the Trustee Act, R.S.O. 1990, c. T.23, s.53 (Ontario).
2.
PUBLICATION AND THE CLAIMS WINDOW
This notice is being published through NoticeConnect (court-approved online publication). In Ontario, an estate trustee may give the s.53 notice by publishing on NoticeConnect (advertiseforcreditors.com), an online channel expressly accepted by the Ontario Superior Court of Justice since July 2017 as compliant with s.53(1), or by newspaper advertisement in the locality where the deceased resided. The NoticeConnect publication fee in 2026 is approximately $130 plus HST.
Publication date: June 13, 2026.
Claim deadline: claims must be sent to the estate trustee at the address below by July 13, 2026 — a 30-day window is standard practice in Ontario.
Publication date: June 13, 2026.
Claim deadline: claims must be sent to the estate trustee at the address below by July 13, 2026 — a 30-day window is standard practice in Ontario.
3.
HOW TO SUBMIT A CLAIM
All persons having claims against the estate are required to send full particulars of their claim, in writing, to the address below on or before the claim deadline. After the deadline, the estate will be distributed having regard only to the claims of which I, as estate trustee, then have notice.
Send claims to:
Jennifer L. MacIntyre, Estate Trustee
c/o MacIntyre Estate Law
200 Bay Street, Suite 4500
Toronto ON M5J 2J2
Email: jennifer.macintyre@estatelaw.ca
What to include: the name and address of the claimant; the nature and amount of the claim; the date the claim arose; and copies of any supporting documents (contract, invoice, judgment, statement). Unsupported claims may be rejected without further notice.
Send claims to:
Jennifer L. MacIntyre, Estate Trustee
c/o MacIntyre Estate Law
200 Bay Street, Suite 4500
Toronto ON M5J 2J2
Email: jennifer.macintyre@estatelaw.ca
What to include: the name and address of the claimant; the nature and amount of the claim; the date the claim arose; and copies of any supporting documents (contract, invoice, judgment, statement). Unsupported claims may be rejected without further notice.
4.
STATUTORY FRAMEWORK AND DISTRIBUTION PROTECTION
This notice is given under s.53(1) of the Trustee Act, R.S.O. 1990, c. T.23, s.53 (Ontario). In Ontario, an estate trustee may give the s.53 notice by publishing on NoticeConnect (advertiseforcreditors.com), an online channel expressly accepted by the Ontario Superior Court of Justice since July 2017 as compliant with s.53(1), or by newspaper advertisement in the locality where the deceased resided. The NoticeConnect publication fee in 2026 is approximately $130 plus HST.
Personal-liability protection: An estate trustee who distributes the estate without first giving the s.53 notice is personally liable for any claim the trustee had no notice of. Compliance with the notice procedure crystallises the distribution protection: after the claims window expires, a creditor who has not come forward may look only to the beneficiaries, not to the estate trustee personally.
Late-claim treatment (Ontario): a creditor who fails to bring a claim within the published window may, after distribution, pursue the beneficiaries to the extent of what they received, but the estate trustee is protected from personal liability for any claim of which the trustee had no notice at the time of distribution.
Personal-liability protection: An estate trustee who distributes the estate without first giving the s.53 notice is personally liable for any claim the trustee had no notice of. Compliance with the notice procedure crystallises the distribution protection: after the claims window expires, a creditor who has not come forward may look only to the beneficiaries, not to the estate trustee personally.
Late-claim treatment (Ontario): a creditor who fails to bring a claim within the published window may, after distribution, pursue the beneficiaries to the extent of what they received, but the estate trustee is protected from personal liability for any claim of which the trustee had no notice at the time of distribution.
5.
PUBLICATION STRATEGY AND CHANNELS
The publication channel matters: a court-recognised channel buys the distribution protection, an ad-hoc social-media post does not. For this estate, the channel is NoticeConnect (court-approved online publication).
Why this channel: NoticeConnect was selected as the primary channel: court-recognised since 2017, indexed nationally so out-of-province creditors are reached, and lower friction than a newspaper insertion.
Additional channels used: A secondary notice has been placed in the Toronto Star community estates section for one Saturday edition, covering creditors who do not use online channels.
Locality where the deceased resided: City of Toronto, Province of Ontario — the deceased’s last residence and the locality used for the newspaper backup.
Ontario practice: NoticeConnect was expressly accepted by the Ontario Superior Court of Justice in July 2017 as a publication channel compliant with s.53(1). It is the default channel; newspaper publication remains available where local visibility is preferred.
Why this channel: NoticeConnect was selected as the primary channel: court-recognised since 2017, indexed nationally so out-of-province creditors are reached, and lower friction than a newspaper insertion.
Additional channels used: A secondary notice has been placed in the Toronto Star community estates section for one Saturday edition, covering creditors who do not use online channels.
Locality where the deceased resided: City of Toronto, Province of Ontario — the deceased’s last residence and the locality used for the newspaper backup.
Ontario practice: NoticeConnect was expressly accepted by the Ontario Superior Court of Justice in July 2017 as a publication channel compliant with s.53(1). It is the default channel; newspaper publication remains available where local visibility is preferred.
6.
CLAIM MANAGEMENT MATRIX
A managed claim file keeps the estate trustee out of trouble at distribution. Each claim received is logged with the claimant, the amount, the date received, the supporting documents, and the disposition (admit, reject, negotiate).
Format expected: Written claim, signed by the claimant or their legal representative; identifying the claimant, the nature and amount of the claim, the date the claim arose, and copies of contracts, invoices, statements or judgments supporting the claim.
Approach: claims that are documented will be paid on the standard schedule; claims that are unsupported or in dispute will be rejected with reasons.
Partial payment protocol: Where a claim is admitted in part and disputed in part, the admitted portion will be paid on the standard schedule against a release of the disputed portion or a contested-claim acknowledgment.
Format expected: Written claim, signed by the claimant or their legal representative; identifying the claimant, the nature and amount of the claim, the date the claim arose, and copies of contracts, invoices, statements or judgments supporting the claim.
Approach: claims that are documented will be paid on the standard schedule; claims that are unsupported or in dispute will be rejected with reasons.
Partial payment protocol: Where a claim is admitted in part and disputed in part, the admitted portion will be paid on the standard schedule against a release of the disputed portion or a contested-claim acknowledgment.
7.
DISTRIBUTION PROTECTION AND RETENTION RESERVE
The protection that the publication procedure buys is conditional: it is for claims the estate trustee had no notice of. A claim known to the estate trustee must still be paid, even if it is not asserted in the window. The conservative practice is to hold a retention reserve through the claims window plus a buffer before paying the final residue.
Retention reserve held: A reserve of 10% of the estimated residue will be held back through the claims window plus a 30-day buffer before the final distribution.
Target distribution date: August 15, 2026.
Post-distribution position: After distribution, the personal-liability protection under s.53 applies to claims of which I had no notice at the time of distribution; known claims will be paid in full before any residue is released.
Ontario: a creditor who appears after distribution may pursue the beneficiaries to the extent of what they received, but not the estate trustee personally.
Retention reserve held: A reserve of 10% of the estimated residue will be held back through the claims window plus a 30-day buffer before the final distribution.
Target distribution date: August 15, 2026.
Post-distribution position: After distribution, the personal-liability protection under s.53 applies to claims of which I had no notice at the time of distribution; known claims will be paid in full before any residue is released.
Ontario: a creditor who appears after distribution may pursue the beneficiaries to the extent of what they received, but not the estate trustee personally.
8.
CONCLUSION
All creditors and claimants are asked to act on this notice within the claims window stated above. After that date, the estate will be distributed in accordance with the will (if any) and the applicable succession legislation, having regard only to the claims of which I then have notice.
DATED AT ONTARIO, THIS JUNE 13, 2026.
Jennifer L. MacIntyre
Estate trustee with a will
Date: ____________________
ESTATE TRUSTEE
Jennifer L. MacIntyre
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Notice to Creditors?
A Notice to Creditors is the published warning, given by an estate trustee, executor or personal representative, that the estate is being administered and that anyone with a claim against the deceased has to come forward within a defined window. The notice does two jobs at once. It invites the claims so the executor can pay or contest them before distributing the residue, and it crystallises the executor's personal-liability protection — under Ontario's Trustee Act s.53, BC's Trustee Act s.38 and Alberta's Surrogate Rule 38, an executor who has given proper notice and waited out the claim window is shielded from personal liability for claims the executor had no notice of. A claim that arrives late may still be paid out of distributions to beneficiaries, but the executor personally is no longer on the hook.
The publication channel is province-specific and not interchangeable. Ontario has, since July 2017, accepted NoticeConnect (advertiseforcreditors.com) as a publication channel compliant with Trustee Act s.53(1), at a fee of about $130 plus HST in 2026; a newspaper insertion in the locality where the deceased lived remains the traditional alternative. British Columbia requires both the BC Gazette (one publication) and a newspaper published or circulating in the locality (twice a week for two consecutive weeks, or once a week for four consecutive weeks) — neither alone is sufficient under s.38. Alberta uses a newspaper published or circulating in the locality, with one publication where the estate is $100,000 or less and at least two publications, not less than five days apart, for larger estates. The template selects the channel and writes the notice to the right standard.
The claim window is the bright line. Ontario practice uses a 30-day claim window from publication; British Columbia's s.38 requires at least 21 days after the last publication; Alberta's Rule 38 gives one month after the last publication. The notice records the deadline; the claim-management matrix in the template logs each claim received with the claimant, the amount, the supporting documents and the disposition. After the deadline expires, the executor distributes — having regard only to the claims of which the executor then has notice — and the personal-liability protection has done its job.
What's Covered in This Template
The notice is structured the way the courts and the channels read it — the right statute, the right channel, the right window, the right address — so the publication does the legal job it is meant to do.
Province-Aware Statute
Ontario Trustee Act s.53, BC Trustee Act s.38, or Alberta Surrogate Rule 38 named on the face of the notice — so the publication is recognisably statutory, not a courtesy.
NoticeConnect (Ontario)
The court-recognised online publication channel for Ontario notices to creditors — accepted by the Superior Court of Justice since July 2017 as compliant with s.53(1), at $130+HST.
BC Gazette + Newspaper Pair
For British Columbia, both the BC Gazette publication and the locality newspaper insertion — the combined requirement under s.38 written into the strategy.
Alberta Newspaper Publication
Newspaper publication in the locality where the deceased lived — one publication for estates of $100,000 or less, two publications (five days apart) for larger estates, per Surrogate Rule 38.
Right Claims Window
Ontario 30 days, BC at least 21 days after the last publication, Alberta one month after the last publication — the minimum enforced and the deadline date computed.
Claim Submission Format
A standard format the notice requires from claimants — identity, amount, date the claim arose, supporting documents — so undocumented claims can be rejected without further correspondence.
Claim Management Matrix (Expert)
A managed claim log — claimant, amount, date received, supporting documents, disposition — that keeps the executor organised through the window.
Retention Reserve (Expert)
A reserve held back from final distribution through the claims window plus a buffer, so the executor distributes the residue after the channel-recognised exposure has closed off.
Late-Claim Treatment
How a late claim is handled in each province — Ontario beneficiary-recourse, BC distribution protection, Alberta court-consent under Rule 38.
Distribution Protection Clause
The personal-liability protection clause written into the notice itself, so the legal effect of the publication is on the face of the document the executor can rely on later.
How to Build Your Notice to Creditors
Five steps from a date of death to a publication-ready notice that buys the trustee real protection.
- 1
Pick the Province
Ontario, British Columbia or Alberta — the province sets the statute (s.53 / s.38 / Rule 38), the channel and the claim window.
- 2
Choose the Channel
NoticeConnect or newspaper in Ontario; BC Gazette plus local newspaper in BC; newspaper of the locality in Alberta. The template explains the trade-offs.
- 3
Set the Window
The minimum window for the province is enforced automatically; you can extend (rarely a good idea to shorten) and the deadline date is computed.
- 4
Frame the Claim Address (Expert)
The address claimants send to — usually the law firm or the trustee's address — and the standard format the notice asks them to follow.
- 5
Plan the Reserve (Expert)
A retention reserve held through the window plus a buffer, the target distribution date set, the late-claim treatment recorded — so the executor distributes cleanly.
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Legal Considerations
The notice is the executor's shield — and the shield only works if it is the right shape for the province.
This template provides general information for executors, estate trustees and personal representatives in Ontario, British Columbia and Alberta, and is not legal advice. The notice procedures are statutory and the executor's personal-liability protection depends on doing them correctly; an estate with significant debts, foreign assets, contested claims, business interests or beneficiaries who are minors or incapable should be administered with an estates lawyer. Quebec uses a separate Civil Code regime not covered by this template. If a claim is already in dispute when the executor is appointed, get advice before publishing.
Reviewed for Ontario / BC / Alberta notice-to-creditors procedures
Why Trustee Act s.53 Matters (Ontario)
Section 53 of the Ontario Trustee Act makes an executor personally liable for any claim against the estate of which the executor had no notice, where the executor distributes the estate without first giving the statutory notice. The s.53 notice procedure crystallises the protection: once the notice has been published and the claim window has expired, the executor distributes "having regard only to the claims of which the executor then has notice", and a creditor who has not come forward in time is left to look to the beneficiaries to the extent of what they received, not to the executor personally. The procedure is not optional in any estate with potential creditors; skipping it leaves the executor with personal exposure they did not have to accept.
NoticeConnect — the Ontario Online Channel
NoticeConnect (advertiseforcreditors.com) is the online channel accepted by the Ontario Superior Court of Justice as compliant with s.53(1). The acceptance dates to a July 2017 decision of Justice Conway and has been the practical default for estate trustees in Ontario since. The fee in 2026 is approximately $130 plus HST. The notice runs for a defined window (typically 30 days) and is indexed nationally, so out-of-province creditors are reached without a Toronto-vs-locality newspaper choice. A newspaper insertion in the locality remains available as an alternative or in addition to NoticeConnect; a Facebook post is not.
BC s.38 — the Gazette and Newspaper Pair
BC's Trustee Act s.38 is more prescriptive than Ontario's s.53. The notice must be published once in the BC Gazette AND in a newspaper published or circulating in the locality where the deceased resided — either twice a week for two consecutive weeks or once a week for four consecutive weeks. Both halves are required; either alone is not enough. The time named in the notice for claims has to be at least 21 days after the last publication. Once that window expires, the executor is "at liberty to distribute the property" — the same protection as Ontario, framed for the BC mechanics.
Alberta Surrogate Rule 38 — One vs Two Publications
Alberta's Surrogate Rule 38 makes publication optional in form but protective in effect. The personal representative may publish notice in a newspaper published or circulating in the locality. One publication is sufficient if the estate is $100,000 or less; at least two publications, not less than five days apart, are required for larger estates. A claimant who fails to notify the personal representative within one month after the last publication may make a claim against the estate only with the prior consent of the court — Rule 38 turns the publication into a court-supervised gatekeeper of late claims.
Related Canadian Templates
The notice to creditors sits in a wider estate-administration toolkit. Our small estate certificate support template handles the simpler Ontario probate route for estates of $150,000 or less and is the predecessor step where the certificate is what gives the executor authority to publish. Our executor renunciation letter is the route where a named executor cannot or will not act, before any administration begins. Our beneficiary accounting demand template covers the other side of the table when a beneficiary needs an informal accounting after distribution. Our last will and testament and codicil to will templates handle the planning side; our continuing power of attorney for property and advance directive cover incapacity planning that runs before the estate stage.
Frequently Asked Questions
Distribute the Residue With the Protection, Not Personally on the Hook
Create a province-aware Notice to Creditors in minutes: the right statute (Trustee Act s.53 / s.38 / Surrogate Rule 38), the right channel (NoticeConnect / BC Gazette + newspaper / Alberta newspaper), the right claim window, and the retention reserve and late-claim treatment for the province — in publication-ready format. Download the PDF free, or unlock Expert for the statutory framework, the publication strategy and the claim-management matrix.
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