Executor Duties in Alberta: What You Need to Know

Being named an executor  (sometimes called a "personal representative") of an estate involves important legal, financial, and personal tasks. Whether you're preparing your own will or have been appointed as an executor, it’s essential to understand what this role entails.

Who is an Executor?

An executor is the person appointed in a will to carry out the deceased’s final wishes, settle their affairs, and distribute assets to beneficiaries. If there is no will, the court may appoint an administrator to perform similar duties.

Key Duties of an Executor in Alberta

1. Locate and Review the Will

The executor’s first job is to locate the will and review its contents. This document will outline the deceased’s wishes, name the beneficiaries, and may provide instructions for handling specific assets.

2. Secure the Estate

Protect the deceased’s assets. This might include securing and maintaining property, safeguarding valuables, and ensuring ongoing expenses (such as insurance or utilities) are paid until the estate is settled. These costs can be reimbursed from the Estate later with proper documentation.

3. Apply for Probate (if necessary)

In many cases, the executor must apply for probate through the Alberta Court of King’s Bench. Probate is a legal process that validates the will and authorizes the executor to act. Whether probate is needed depends on the size and nature of the estate and the requirements of financial institutions.

4. Notify Beneficiaries and Creditors

The executor must notify all beneficiaries named in the will. They are also responsible for identifying and notifying any creditors of the estate and publishing notice to creditors if required.

5. Gather and Value Assets

This includes identifying all property, investments, bank accounts, insurance policies, pensions, and personal belongings. The executor may need to obtain professional appraisals to determine the estate’s value for tax and distribution purposes.

6. Pay Debts and Taxes

The executor must ensure that all debts, outstanding bills, and taxes (including income taxes and potential estate taxes) are paid, pursuant to the terms of the Will. Filing final tax returns with the Canada Revenue Agency is often one of the more complex parts of the role.

7. Keep Accurate Records

Executors must keep detailed records of all transactions, including income, expenses, and distributions. Beneficiaries have the right to request an accounting of the estate.

8. Distribute the Estate

Once debts and taxes are settled, the executor distributes the remaining assets according to the Will. In some cases, interim distributions may be made before the estate is fully finalized, with consent of all beneficiaries.

9. Close the Estate

After all duties are completed, the executor may seek formal releases from the beneficiaries and file documents with the court confirming that the estate has been properly administered.

Executor Compensation

In Alberta, executors are entitled to reasonable compensation for their time and effort. This may be outlined in the will or negotiated with the beneficiaries. If no agreement is reached, the court may be asked to approve compensation based on guidelines.

 

Challenges Executors May Face

• Disputes among beneficiaries

• Complex tax issues

• Locating all assets

• Legal challenges to the will

• Emotional strain during an already difficult time

In some cases, it may be advisable for an executor to hire professionals—such as lawyers, accountants, or financial advisors—to assist with the administration.

Conclusion

Serving as an executor is a significant responsibility that requires diligence, organization, and sometimes, professional guidance. If you’ve been named as an executor in Alberta, understanding your duties—and seeking advice when needed—can help you navigate the process confidently and protect both the estate and yourself. At Stokes Law LLP, we would be happy to assist you with your duties as an executor and the probate process, if needed.

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