Serving as an executor is a significant responsibility, but circumstances may arise where an executor wishes to resign or be removed from their duties. Whether due to personal reasons, conflicts of interest, or legal challenges, the process of being released as an executor varies by province and territory in Canada. This guide provides a breakdown of how an executor can step down or be removed in each jurisdiction.
General Process for Executor Resignation
An executor may step down before accepting the role by filing a formal Renunciation of Probate document. However, if they have already started administering the estate, court approval is usually required to resign. In most cases, the executor must:
- Submit a written request to the appropriate provincial or territorial court.
- Provide valid reasons for stepping down.
- Arrange for a replacement executor, if necessary.
Provincial and Territorial Breakdown of Executor Release Rules
British Columbia
- Executors can renounce their role before obtaining a Grant of Probate by filing a Renunciation of Probate Form (P17) with the Supreme Court of British Columbia.
- If they have already started administration, they must apply for removal through the Supreme Court under the Wills, Estates and Succession Act (WESA).
- More details: BC Supreme Court Probate Guide
Alberta
- Before probate, executors can file a Renunciation of Executor Form with the Court of King’s Bench of Alberta.
- If probate has been granted, the executor must apply to be discharged under the Surrogate Rules of Alberta.
- Learn more: Alberta Courts – Wills and Estates
Saskatchewan
- An executor can renounce before probate by submitting a Renunciation Form to the Court of King’s Bench.
- If they have already begun administration, they must seek court approval for removal under the Administration of Estates Act.
- More information: Saskatchewan Law Courts
Manitoba
- If probate has not been granted, the executor may submit a Renunciation of Probate Form to the Court of King’s Bench of Manitoba.
- Once probate is granted, an executor must file an application to be removed, citing valid reasons.
- Learn more: Manitoba Courts – Estates
Ontario
- Executors may renounce their role before probate by filing a Form 74.11 Renunciation with the Ontario Superior Court of Justice.
- If probate has been granted, removal requires a court order under the Estates Act.
- More details: Ontario Court Forms – Estates
Quebec
- Quebec follows civil law principles, and executors (liquidators) can resign by filing a formal notice of resignation with the Quebec Superior Court.
- If disputes arise, removal requires a court application under the Civil Code of Quebec.
- More information: Justice Quebec – Estate Settlement
New Brunswick
- Executors can renounce by filing a Renunciation Form with the Court of King’s Bench of New Brunswick.
- Removal after probate requires a court application under the Probate Court Act.
- Learn more: New Brunswick Probate Rules
Nova Scotia
- Executors can renounce before probate by filing a Renunciation Form with the Supreme Court of Nova Scotia (Probate Court Division).
- If probate has been granted, removal requires court intervention.
- More details: Nova Scotia Probate Court
Prince Edward Island
- Executors may renounce their role by submitting a Renunciation of Probate Form to the PEI Supreme Court – Probate Division.
- If probate is granted, court approval is needed to step down.
- More information: PEI Probate Court
Newfoundland and Labrador
- Renunciation before probate is possible by filing a formal request with the Supreme Court of Newfoundland and Labrador.
- Removal after probate requires a legal application.
- More details: Newfoundland and Labrador Courts
Northwest Territories
- Executors can renounce before probate through a Renunciation Form submitted to the Supreme Court of the Northwest Territories.
- If probate has been granted, court approval is required for removal.
- Learn more: NWT Court Services
Yukon
- Renunciation before probate requires a written request to the Supreme Court of Yukon.
- Removal after probate follows similar procedures under the Estate Administration Act.
- More details: Yukon Courts
Nunavut
- Executors can renounce by filing a Renunciation Form with the Nunavut Court of Justice.
- If they wish to resign after probate, court intervention is necessary.
- Learn more: Nunavut Court of Justice
Best Practices for Executors Seeking Release
For executors considering stepping down, it is advisable to:
- Renounce before accepting the role to avoid legal complications.
- Consult with a lawyer if probate has been granted and resignation is needed.
- Ensure a replacement executor is appointed, if required by the court.
- Provide detailed records of actions taken before resigning.
Stepping down as an executor is a serious decision, and legal advice can help ensure a smooth transition. For more estate planning resources, visit the Canadian Bar Association’s estate law guide.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for guidance on executor resignation in your jurisdiction.
