The role of an executor is to ensure that a deceased person’s estate is properly managed and distributed according to their wishes. In Alberta, executors have a legal responsibility to settle debts, distribute assets, and comply with the legal requirements of estate administration. This guide outlines the key duties of an executor in Alberta and the necessary steps to fulfill these obligations.
1. Locating the Will and Applying for Probate
One of the executor’s first responsibilities is to locate the deceased’s will and determine whether probate is required. Probate is the legal process that confirms the will’s validity and grants the executor the authority to manage the estate.
The application for probate must be filed with the Court of King’s Bench in Alberta and typically includes:
- The original will and any codicils
- A death certificate
- An inventory of assets and liabilities
- The executor’s affidavit confirming their responsibilities
For details on probate, visit the Alberta Courts probate process page.
2. Notifying Beneficiaries and Government Agencies
Once probate is granted, the executor must inform all beneficiaries named in the will and provide them with relevant details about the estate. Additionally, the executor must notify government agencies, including:
- Service Canada to cancel Old Age Security (OAS) and Canada Pension Plan (CPP) benefits (Service Canada)
- Canada Revenue Agency (CRA) to file the deceased’s final tax return (CRA guide)
- Alberta Vital Statistics to register the death (Vital Statistics)
3. Identifying and Securing Assets
The executor must identify, secure, and manage the deceased’s assets, including:
- Bank accounts and investments
- Real estate and personal property
- Life insurance policies
- Business interests
If the deceased owned real estate, the executor must work with the Land Titles Office in Alberta to transfer property ownership as required. Learn more at the Alberta Land Titles website.
4. Paying Debts and Taxes
Before distributing the estate, the executor must settle outstanding debts and taxes, including:
- Credit cards and loans
- Funeral expenses
- Property taxes and utilities
- Income tax and estate taxes
Obtaining a Clearance Certificate from the Canada Revenue Agency (CRA) ensures that all tax obligations are met before distributing assets to beneficiaries.
5. Distributing the Estate
After debts and taxes are settled, the executor must distribute assets according to the will. This may involve:
- Transferring real estate to beneficiaries
- Distributing financial assets (bank accounts, investments)
- Allocating personal belongings
- Managing any charitable donations specified in the will
In cases where a beneficiary disputes the estate distribution, the executor may need to work with a lawyer to resolve conflicts through mediation or court proceedings.
6. Closing the Estate
The final duty of the executor is to formally close the estate. This includes:
- Providing beneficiaries with a final accounting of estate transactions
- Filing a final estate tax return
- Closing any remaining bank accounts
Once all obligations are fulfilled, the estate can be officially closed.
Ensuring a Smooth Estate Administration
Serving as an executor is a significant responsibility that requires legal and financial knowledge. Executors should keep detailed records, seek professional guidance when necessary, and ensure all legal requirements are met. If you need assistance, consulting an estate lawyer can help navigate complex estate matters. For more estate planning resources, visit the Alberta Law Society.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for assistance with estate administration in Alberta.
