Estate Planning Guide
Executor of a Will in Canada: Duties & Responsibilities
Being named an executor is a significant responsibility. This guide covers exactly what’s involved — from the day someone passes to final distribution of the estate.
The Role
What Is an Executor?
An executor (called an “estate trustee” in Ontario or a “liquidator” in Quebec) is the person named in a will to carry out its instructions. They manage the estate from the date of death until every beneficiary has received their share.
Key point: Executors are legally required to act in the best interests of the estate and its beneficiaries. They can be held personally liable if they fail to do so.
Step by Step
Executor Duties: A Complete Checklist
Executor duties are extensive and can take months or years to complete. Here’s the full picture.
1. Locate and file the will
Obtain the original will. File it with the probate court if required in your province.
2. Obtain a death certificate
You'll need multiple certified copies — banks, government agencies, and insurers all require originals.
3. Apply for probate (if required)
Probate validates the will and gives you legal authority to act. Not all estates require it.
4. Notify beneficiaries and creditors
Inform all beneficiaries of the death. Publish notice to creditors in accordance with provincial law.
5. Secure and inventory all assets
Protect property, cancel subscriptions, collect mail, and prepare a complete inventory of assets and liabilities.
6. Pay debts, taxes, and expenses
Pay all valid debts and file the deceased's final income tax return before distributing the estate.
7. Distribute the estate
Transfer assets to beneficiaries according to the will once all obligations are settled.
8. Keep thorough records
Document every decision and transaction. Beneficiaries can request a full accounting.
What to Consider
How to Choose an Executor
Choosing the right executor is one of the most important decisions you’ll make in your will. Consider these factors carefully.
Trustworthiness
Your executor will have full access to your financial accounts and assets.
Organization and attention to detail
The role involves substantial paperwork, deadlines, and correspondence with multiple parties.
Availability
Estate administration can take 1–2 years. Choose someone who has the time.
Location
A local executor is easier to work with — especially for in-person bank and court dealings.
Willingness
Always ask before naming someone. The role is optional — an executor can renounce.
Age and health
Ideally, name someone younger and in good health who is likely to outlive you.
Common Questions
Executor FAQs
Yes. Executors are entitled to reasonable compensation, typically 2.5–5% of the estate’s gross value, depending on the province and complexity of the work. This is taxable income. Executors can also be reimbursed for out-of-pocket expenses.
Yes — this is very common. A spouse or adult child is frequently named as both executor and primary beneficiary. There is no legal conflict in most provinces, though the executor must still act in the interests of all beneficiaries.
If no executor is named, or if the named executor is unable to act, the court appoints an administrator. This process is slower and more expensive. It’s one of the key reasons to have a valid will.
There’s no fixed deadline, but the ‘executor’s year’ is a common law principle — beneficiaries generally cannot demand distribution within the first year. Complex estates may take 2–3 years or longer.
Yes. A court can remove an executor who is failing in their duties, acting in self-interest, or in conflict with beneficiaries. Beneficiaries or creditors can apply to have them replaced.
Get Your Affairs in Order
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Related Guides
More guides on wills and estate planning in Canada.
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