The Role of an Executor: Responsibilities and Considerations


Executor Responsibilities and Estate Administration Checklist in Canada

Being appointed as an executor, also known as a liquidator, is both an honor and a significant responsibility. As an executor, your primary task is to administer the estate of a person who has passed away, ensuring their wishes, as outlined in their Will, are executed in accordance with applicable laws. Executors can be family members, friends, trust companies, lawyers, accountants, or a combination of these professionals.

However, it’s important to recognize that the role of an executor can be complex and time-consuming. Executors are also fiduciaries, meaning they have a legal obligation to act in the best interest of the estate and its beneficiaries. They can be held personally liable for any mistakes or omissions made during the administration of the estate, even if they hire professionals like accountants or lawyers for assistance.

Executor Duties and Challenges

The duties of an executor include the following tasks:

  • Notifying family, friends, and relevant parties
  • Securing and protecting the deceased's assets
  • Paying outstanding debts and taxes
  • Distributing assets to beneficiaries according to the Will
  • Filing necessary tax returns
  • Given the complexities involved, it’s best to discuss the role with the potential executor beforehand. Some may not have the time or desire to fulfill this responsibility, and it’s important to ensure they are willing to accept the position and understand the potential liability involved.

    Estate Executor Checklist

    The following checklist provides a step-by-step guide to help an executor manage the estate of the deceased:

    Task When Due
    Notify close friends & familyFirst Week
    Notify employer if anyFirst Week
    Secure assetsFirst Week
    Arrange funeralFirst Week
    Locate the willFirst Week
    Order death certificatesFirst Week
    Notify Veterans Affairs if applicableFirst Week
    Retain lawyerFirst Month
    Submit will to courtFirst Month
    Protect unoccupied propertyFirst Month
    Cancel unneeded servicesFirst Month
    Notify Service CanadaFirst Month
    Determine heirsFirst 3 Months
    Start probate process if required/desiredFirst 3 Months
    Notify heirsFirst 3 Months
    Notify life insurance companiesFirst 3 Months
    Notify CRA and similar beneficiary accountsFirst 3 Months
    Notify credit cardsFirst 3 Months
    Consider online media accountsFirst 3 Months
    Open estate bank accountFirst 3 Months
    Inventory assetsFirst 3 Months
    Start ancillary probate (if applicable)First 3 Months
    Publish notice of deathFirst 3 Months
    Debt claims deadline expiredAs Soon As Possible
    Inventory debtsAs Soon As Possible
    Determine estate solvencyAs Soon As Possible
    Plan asset allocationAs Soon As Possible
    Conduct estate sale (if desired)As Soon As Possible
    All debts resolvedAs Soon As Possible
    Dispose of unwanted assetsAs Soon As Possible
    Pay local property taxesCalendar Year
    Submit final decedent income tax formsTax Year
    Submit estate income tax formsTax Year

    It’s important to work closely with legal, tax, and financial professionals to ensure the proper execution of these tasks, as errors can result in penalties or complications for the estate and beneficiaries.

    For more information, visit the official page: Canada Revenue Agency - Representing the Deceased


    Posted on 15 November 2024