Executor Duties in Alberta: What You Must Know About Probate & Estate Administration
- Jeremy R. Wiebe
- Mar 20, 2024
- 3 min read
Updated: Mar 8
When someone passes away, their estate must be administered according to their Will. The person responsible for this role is the executor (or personal representative) of the estate. In Alberta, an executor’s duties are governed by statutes, regulations, and case law.
If you’ve been named an executor and are unsure of your next steps, book a free consultation with Wiebe Law today.
Who Can Be an Executor in Alberta?
Typically, a testator (the person making the Will) appoints an executor in their Will. However, if no executor is named, or if the named executor is unable or unwilling to act, the court can appoint someone based on Alberta’s Wills and Succession Act.
If there is no Will, Alberta law imposes a ranking system determining which next of kin can apply for a grant of administration.
Important: If you do not want to act as an executor, you can renounce your executorship before probate is granted. However, once the court has officially appointed you, renouncing your role becomes more complicated.
Confused about your role as an executor? Book a free consultation with Wiebe Law to ensure you’re following Alberta law correctly.
Executor Responsibilities in Alberta
An executor plays a crucial role in managing and distributing an estate. Below are the key duties:
1. Gathering and Managing Assets
Locate all assets, including bank accounts, investments, real estate, and personal property.
Ensure assets are valued, protected, and properly maintained.
2. Paying Debts and Taxes
Settle funeral expenses, outstanding bills, and loans.
File final personal income tax returns and any T3 estate tax returns.
3. Distributing the Estate
Identify beneficiaries and ensure they receive their designated shares.
If there is no Will, distribute assets according to Alberta intestacy laws.
4. Acting in the Best Interest of the Estate
Act honestly, diligently, and in good faith.
Avoid conflicts of interest and make financially responsible decisions.
Are you struggling with estate administration? Our experienced team can help ensure everything is handled correctly.
Executor Rights in Alberta
As an executor, you also have important rights that protect you in this role.
1. Retaining Professional Assistance
Executors are allowed to hire professionals (lawyers, accountants, financial advisors) to help with complex legal and tax matters.
2. Receiving Reasonable Compensation
Unless stated otherwise in the Will, executors are entitled to fair compensation based on the estate’s size and complexity.
3. Defending the Estate Against Legal Claims
If beneficiaries or third parties challenge the Will, executors have the authority to defend the estate in court.
FAQs About Being an Executor in Alberta
Can I decline to be an executor?
Yes. You can renounce your role before probate is granted, but once the court officially appoints you, it may be difficult to step down.
How long does probate take in Alberta?
The time between filing an application for a grant of probate and receiving a grant of probate from court can vary based on the type of application and the method of filing. For applications filed with the Surrogate Digital Service, the court typically issues a grant within 2-3 weeks. For applications filed by email or by paper submissions, the process can be significantly longer.
What if an executor does not follow the Will?
Beneficiaries can take legal action if an executor mismanages the estate or acts unfairly. A court can remove an executor in extreme cases.
Should I hire a lawyer to help with estate administration?
If the estate involves significant assets, tax implications, or disputes, hiring a lawyer can prevent legal mistakes and delays.
Conclusion: Need Help Navigating Your Executor Duties?
Being an executor is a serious legal responsibility, and mistakes can lead to financial penalties or legal disputes. If you're handling an estate and need legal guidance, Wiebe Law can help.
Contact us for a free consultation today.
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