What are the executor's duties?

When I talk about executor's duties in this blog, I usually focus on one duty or one detail at a time. However, I think many executors out there would appreciate having an overview of their duties, either as a first-time checklist, or as a refresher of what they learned when they first began working on the estate. So here is a list of what an executor in Canada is supposed to do (note that an administrator appointed by the court has to do these things as well, though he or she cannot do them until they are appointed):

• make arrangements for the disposition of the deceased's remains, as well as any arrangements for funeral, memorial service, etc.


• find out the names and addresses of the beneficiaries and notify them of their interests in the estate.


• list the contents of any safety deposit box owned by the deceased


• make an inventory of all of the assets and debts of the deceased. Give all assets and liabilities a value as of the date of death.


• check that property is insured. Advise the insurance company of the death. Place additional insurance if necessary.


• secure any valuable estate property. Once smaller valuable items have been inventoried, put them somewhere safe where they can't be stolen or damaged.


• arrange for protection and supervision of vacant land and buildings.


• make arrangements for the proper management of estate assets. If there is a business or farm, make sure there is someone running it properly. Sell assets if appropriate.


• apply for a Grant of Probate or Grant of Administration.


• hire a lawyer to advise you on any complicated or unclear issues.


• apply for all pensions, death benefits, life insurance or any other benefits that are payable to the deceased's estate.


• if there is any jointly owned property, advise the other joint tenant of the deceased's death (notice that this list does not include you taking care of the transfer of title. The surviving joint tenant can do that).


• if there are any life insurance policies, RRSPs or any other assets that name a beneficiary other than the estate, notify that beneficiary of the deceased's death.


• pay all of the debts and expenses owed by the deceased and by the estate.


• decide whether or not to advertise for creditors and claimants. If you choose to advertise, do so in accordance with the law. If there are claims, check them out for legitimacy. Pay legitimate claims from the estate.


• determine how much tax the deceased owes. Have tax returns prepared and filed on time. Pay the taxes before paying beneficiaries. Get a Canada Revenue Agency tax clearance certificate.


• if there is a lawsuit against the estate, hire a lawyer and run the lawsuit on behalf of the estate.


• set up any trusts directed by the Will. Administer the trusts for the length of time and on the conditions set out in the Will.


• answer enquiries from residuary beneficiaries, creditors and other stakeholders.


• prepare executor's financial statements including a proposed compensation schedule and a proposed final distribution schedule.


• distribute the deceased's property in accordance with the Will or with intestacy law.

As you can see, many items on this list are going to break down into smaller lists with several items of their own, but this should give you a general idea of what you'll be expected to do as an executor.

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PLEASE NOTE: The maximum number of comments this system will allow is 200, and this post now has more than 200 comments. IF YOU POST ON THIS THREAD, I WILL NOT BE ABLE TO SEE OR RESPOND TO YOUR COMMENT. Please feel free to ask your question on any thread with less than 200 posts.