Releasing info for employee who has passed away

[Mali Singh]

#100828

Forum: Private

Employer based in ON

In the event that an employee has passed away, who are we able to provide information/ access to their payroll systems account etc. to? Do we need any legal proof from them prior to providing this information to them? What would be the best practice around this?

Thanks

[Haley O’Halloran]

#100829

In Ontario, an employer should be very cautious about releasing payroll, benefits, or account information following an employee’s death. Generally, information should only be provided to the legally authorized representative of the deceased employee’s estate, such as the executor named in the will or an estate trustee/administrator appointed by the court. Even where a family member contacts the employer, you should avoid providing access or disclosing personal information until you have confirmed that they have the legal authority to act on behalf of the estate.

As a best practice, employers should request supporting documentation before releasing any records or granting access. This would typically include a copy of the death certificate and proof of authority, such as a Certificate of Appointment of Estate Trustee (probate documents) or a copy of the will naming the executor. Depending on the type of information being requested, employers may also wish to limit disclosure to only what is reasonably necessary (for example, payroll records needed for estate administration or tax purposes). Access to the employee’s actual payroll system login or internal accounts should generally not be provided; instead, employers should retrieve and provide the relevant information directly.

It is also recommended that employers have an internal procedure for handling deceased employee records, including who is authorized to respond to requests, what documentation is required, and how access to systems is disabled or preserved. This helps ensure compliance with privacy obligations and reduces the risk of unauthorized disclosure.

I hope this helps —

-HRInsider Staff

[Mali Singh]

#101087

In the event that this information is not asked for at the start and we only have written confirmation from a relative who states they are managing the estate and they already have a T4 for the deceased employee in the mail. If they are requesting further documentation, would it still make sense to ask for proof at this point or waive it?

[Haley O’Halloran]

#101090

I would not recommend waiving the proof requirement simply because a T4 has already been mailed or because the relative states they are managing the estate.

A T4 is generally issued as part of the employer’s normal statutory obligations and may be sent based on information already on file. Providing additional employment, payroll, benefits, or account records is a separate disclosure of personal information and should be treated more cautiously.

That said, a practical, risk-based approach is often appropriate. If the relative is requesting relatively limited information (for example, copies of pay statements, ROE information, or confirmation of final pay amounts), and they have already provided a death certificate and there are no concerns about competing family members or estate disputes, some employers may accept a copy of the will naming them as executor, rather than insisting on probate documents. In Ontario, probate is not always obtained immediately and may not be required in every estate.

Where the individual has provided no documentation beyond a statement that they are managing the estate, best practice would still be to request proof of authority before releasing further information. At a minimum, you could ask for:

-A copy of the death certificate or funeral director’s statement of death; and
-Documentation showing they are the executor or estate trustee (such as the relevant portion of the will, probate documents if available, or other estate documentation).

If the requester cannot provide any evidence of their authority, I would be hesitant to release additional records. The inconvenience of requesting documentation is generally outweighed by the privacy risks associated with disclosing personal information to someone who may not be legally entitled to receive it.

A practical response could be:

“Although the relative has advised they are managing the estate and has already received the deceased employee’s T4, it would still be prudent to obtain some form of documentation confirming their authority before releasing additional records. The T4’s issuance does not, by itself, verify that the individual is legally authorized to act on behalf of the estate. Depending on the circumstances, this may be as simple as a copy of the death certificate and documentation identifying them as the executor or estate trustee. Requiring at least minimal proof helps protect the employer from potential privacy complaints or disputes among family members regarding access to the deceased employee’s information.”

-HRInsider Staff

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