Originally published: August 15, 2016 | Last updated: January 22, 2025
TL;DR: Your executor is the person responsible for managing your entire estate after your death – securing assets, paying debts and taxes, and distributing your property to beneficiaries. Choosing the right executor is one of the most important decisions in your Will. Pick someone trustworthy, organized, and willing to serve. Always name an alternate. You can also grant specific powers to make their job easier.
The person who receives your Will to handle your estate after death becomes the executor (estate trustee in Ontario, liquidator in Quebec, personal representative in other provinces). The selection of your executor stands as the most vital decision you will make for your Will because this person will oversee all matters from your death until every single asset reaches its final destination. The court will pick an administrator to handle your estate through a court process which needs money and creates a long waiting period while an unwanted person takes control of your affairs.
An executor (called an estate trustee in Ontario, a liquidator in Quebec, or a personal representative in some other provinces) is the person you name in your Will to manage your estate after you die. This is arguably the most important appointment you make in your Will, your executor handles everything from the moment of your death until the last asset is distributed. Without a named executor, a court must appoint an administrator, a process that costs money, takes months, and may result in someone you would not have chosen managing your affairs.
What Are an Executor’s Responsibilities?
Securing the Estate
The executor’s first task is to locate and secure all of your assets. This includes your home, vehicles, bank accounts, investments, insurance policies, digital assets, and personal property. The executor must ensure nothing is lost, stolen, or damaged during the administration period. They may need to change locks, redirect mail, cancel subscriptions, and notify financial institutions of your death. Having a complete inventory of your assets, which LegalWills.ca’s LifeLocker feature helps you create, makes this process significantly easier for your executor.
The executor needs to find all your assets before they can protect them. Your home together with your vehicles and bank accounts and investment portfolio and insurance coverage and digital assets and all personal belongings belong to this category. The executor needs to protect all assets from theft or damage while they handle the estate administration process. The process requires them to replace locks while they prove their right to handle your mail and cancel all subscribed services and inform all financial organizations about your passing. The LifeLocker feature from LegalWills.ca provides users with asset inventory creation which allows their executors to handle the process more effectively.
The executor must read and understand the Will, identify all beneficiaries, and notify them of their entitlements. They must also notify creditors and handle any claims against the estate. If any beneficiary has predeceased you, the executor follows the alternate distribution instructions in your Will. If there are no alternates specified, the gift may fall into the residual estate or be distributed according to provincial law.
Understanding and Notifying Beneficiaries
Estate administration involves paying all outstanding debts, filing your final tax returns (and potentially estate tax returns for subsequent years), applying for probate if required, managing ongoing expenses (mortgage, utilities, insurance), and ultimately distributing assets to beneficiaries according to your Will. This process can take anywhere from a few months for a simple estate to several years for complex ones. The executor may also need to sell property, liquidate investments, or manage a business until it can be transferred or wound down.
The executor needs to read the Will document while they identify all beneficiaries who must receive their inheritance through official notification procedures. They must also notify creditors and handle any claims against the estate. The executor must follow the alternate distribution instructions which you included in your Will when any beneficiary dies before you. The gift will enter the residual estate when no alternate distribution instructions exist which provincial law will then handle.
Choosing an executor requires careful thought. Consider these factors:
- Trustworthiness: Your executor will have full access to your financial information and assets. Choose someone you trust completely.
- Organizational skills: Estate administration involves extensive paperwork, deadlines, and coordination. Your executor needs to be detail-oriented and reliable.
- Willingness: Being an executor is a significant time commitment. Always ask the person before naming them and ensure they are willing to take on the role.
- Geographic proximity: While not essential, an executor who lives nearby can manage practical tasks (accessing your home, meeting with banks, filing documents) more easily.
- Age and health: Your executor should be likely to outlive you. Naming someone significantly older creates the risk that they may predecease you or lack the capacity to serve.
- Impartiality: In blended families or situations with potential conflicts, consider naming someone who is not a beneficiary to avoid accusations of bias.
- Financial literacy: An executor who understands taxes, investments, and property transactions will manage the estate more efficiently.
Always name an alternate executor in case your first choice is unable or unwilling to serve when the time comes. You can also name co-executors, though this adds complexity as both must agree on decisions.
Administering the Estate
Professional executors, typically trust companies or estate lawyers, are an option for complex estates or when no suitable personal executor is available. They bring expertise and impartiality but charge fees, typically 2.5% to 5% of the estate value. For most Canadians with straightforward estates, a trusted family member or friend is sufficient. Professional executors make more sense for very large estates, estates with business interests, or situations where family dynamics make a personal executor impractical.
The process of estate administration requires you to pay all outstanding debts while you must file your final tax returns which might include estate tax returns for upcoming years. You need to apply for probate when necessary and you should handle all current expenses which include mortgage payments and utility bills and insurance costs before you can distribute assets to beneficiaries according to your Will. The time needed to complete this process varies between simple estates which take a few months and complicated estates which require multiple years. The executor must handle property sales and investment liquidation and business operations until someone takes control of the business or it ceases to exist.
Your Will can grant specific powers to your executor to make estate administration smoother. Standard powers typically include the ability to sell property, invest estate funds, hire professionals (accountants, lawyers), make interim distributions to beneficiaries, and manage trusts for minor beneficiaries. LegalWills.ca includes comprehensive executor powers in every Will, ensuring your executor has the legal authority to manage your estate efficiently without needing to apply to the court for additional permissions.
Ready to name your executor and protect your family? Start with our step-by-step Will-writing guide. For key estate planning terms, see our definitions guide.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
