Most people choose their executor the same way they choose a best man or maid of honour — they pick whoever they're closest to. But being a good friend or a loving sibling has almost nothing to do with whether someone will be a good executor.

Choosing the wrong person is one of the most common — and most costly — mistakes Canadians make when writing a will. Here's what the role actually involves and how to choose someone who will genuinely serve your estate well.

What Does an Executor Actually Do?

An executor (called an "estate trustee" in Ontario) is the person legally responsible for carrying out the instructions in your will. The role is more demanding than most people realize.

A typical executor will need to:

  • Locate your original will and death certificates
  • Apply for probate if required (a court process that can take months)
  • Notify government agencies — CRA, Service Canada, provincial benefits offices
  • Cancel credit cards, subscriptions, and memberships
  • Manage and protect estate assets until distribution
  • File a final tax return (and potentially an estate tax return)
  • Pay debts and liabilities before distributing anything to beneficiaries
  • Keep detailed financial records of every transaction
  • Distribute assets to beneficiaries according to your will

In a straightforward estate, this process can take 12 to 18 months. In complex estates — multiple properties, business interests, blended families, or disputes — it can take years.

The Most Common Mistake: Choosing the Oldest Child

Many parents default to naming their oldest child as executor out of tradition or a desire not to show favouritism. But birth order has nothing to do with suitability.

A good executor needs to be:

  • Organized — the paperwork load is substantial
  • Financially literate — they'll be dealing with accounts, taxes, and asset valuations
  • Calm under pressure — grieving family members may push back on decisions
  • Available — the role requires real time, especially in the first few months
  • Geographically accessible — an executor in another province or country faces significant practical hurdles

If your oldest child is a strong match on these criteria, great. If not, look elsewhere without guilt.

Can You Name a Beneficiary as Your Executor?

Yes — and it's actually very common. There is no legal prohibition in Canada against naming a beneficiary as your executor. In fact, naming your spouse or an adult child who will also inherit is the norm for most estates.

The concern isn't the dual role itself — it's whether that person has the capacity to act objectively when their own financial interest is involved. In most family situations this works fine. In high-conflict or blended family situations, it can create problems.

Should You Name a Professional Executor?

For larger or more complex estates, naming a professional executor — a trust company or estate lawyer — is worth considering. They bring expertise, neutrality, and no family drama.

The tradeoff is cost. Professional executors typically charge 3–5% of the gross estate value as a fee. On a $1 million estate, that's $30,000–$50,000 taken off the top before any beneficiary receives anything.

A middle-ground option: name a family member as executor and a professional as a backup, or give the executor the power to hire professional help and bill it to the estate.

What If Your Executor Dies Before You or Can't Serve?

This happens more often than people expect. If your executor predeceases you and you haven't named an alternate, the court will appoint someone — often a stranger.

Always name at least one alternate executor in your will. Ideally, name two: your first choice and a backup. Review these choices every few years as circumstances change.

Naming Co-Executors: Proceed with Caution

Some people name two children as co-executors to avoid appearing to favour one over the other. This is understandable emotionally, but it creates practical problems.

Co-executors must agree on every decision. If they don't get along — or if one is unavailable — the estate can stall. Banks and registries often require both signatures on every document. What feels like fairness can become a deadlock.

If you want both children involved, consider naming one as executor with a duty to consult the other, rather than giving both equal legal authority.

The Conversation You Need to Have

Many Canadians name an executor without ever telling that person. The executor discovers the role when they're handed the will at the worst possible moment — while grieving and completely unprepared.

Before finalizing your will, have a direct conversation with your chosen executor. Walk them through:

  • Where your original will is stored
  • Where your financial accounts are held
  • Who your lawyer and accountant are
  • Any debts, business interests, or complications they should know about
  • Your wishes for any items not covered in the will

This conversation alone can save weeks of confusion and reduce the risk of errors.

Can an Executor Refuse the Role?

Yes. Being named executor in a will is not binding. Anyone named can renounce the role, typically by filing a formal document with the court. This is another reason why naming an alternate is essential — and why asking first matters.

What Happens to Small Estates?

In some provinces, small estates — generally under $50,000 to $150,000 depending on the province — may qualify for a simplified probate process or none at all. In these cases, the executor's job is considerably lighter. But the role is still real, and the same qualities apply.

Executor Compensation

In most provinces, executors are entitled to compensation from the estate — typically around 2.5–5% of the estate value, depending on complexity and provincial rules. If you're naming a family member who is also a beneficiary, many families agree informally that the executor will waive compensation in exchange for their inheritance. This should be documented.

The Bottom Line

Choosing an executor is a practical decision, not just an emotional one. Pick someone organized, available, and capable — not just someone you love. Tell them in advance. Name an alternate. And review your choice every few years as your life and relationships evolve.

Your executor will be the person who carries out everything you've planned. Choose them as carefully as you chose what you're leaving behind. If you have minor children, your will should also designate a guardian — another decision that shouldn't be left to the courts. Find your city — we serve Toronto, Lethbridge, Victoria, and more.