In Alberta, the legal term for an executor is “personal representative.” The role involves managing the estate, paying debts, and distributing assets according to the will. For many people, this is a significant responsibility that can feel overwhelming, especially after the loss of a loved one.
Sometimes a person named as executor becomes ill, moves away, feels unable to cope with conflict among beneficiaries, or simply realizes they do not have the time or skills to do the job. If that happens, Alberta law provides options. Verhaeghe Law’s Edmonton wills and estates lawyers regularly advise both executors and beneficiaries in these situations.
Renouncing Before You Start Acting As Executor
If you have not yet started acting as executor, you may be able to renounce the role. The Administration of Estates Act allows a person named as executor to renounce probate, in which case someone else can apply to administer the estate.
Renouncing usually involves signing a formal renunciation document that is filed with the Surrogate Court as part of the probate application. Once you properly renounce, you are not responsible for the estate’s administration, and another person or trust company can be appointed in your place.
If there is no will, or if the executor does not act, a family member or other interested person can apply to be appointed to manage the estate. Guidance on this process is available on the Government of Alberta’s deceased persons’ estates page.
What If You Have Already Started Acting as the Executor?
Once you begin acting as executor, such as paying bills from estate funds or dealing with assets, you may not be able to simply step aside. Courts often view this as “intermeddling,” which can make renunciation more complicated.
In these cases, you may need to apply to the court to resign and ask that a replacement executor or administrator be appointed.
If beneficiaries believe you are not fulfilling your duties, they may also apply to the court to have you removed. Grounds for removal of an executor in Alberta highlight issues such as serious delay, conflict of interest, or mismanagement of the estate as factors that can support removal.
Your Ongoing Duties as Executor And Possible Liability
The Wills and Succession Act and related legislation set out many of the duties of personal representatives, including the duty to act honestly, in good faith, and in the best interests of the beneficiaries. Failing to fulfill these duties can lead to court orders requiring you to account for your administration, repay losses, or, in serious cases, be removed.
Common challenges for executors include:
- Identifying and valuing all assets
- Dealing with real estate
- Handling taxes and creditor claims
- Communicating with multiple beneficiaries
- And more
There is a variety of information that executors of wills and estates in Alberta need to know, including how long an executor has to settle an estate in Alberta. Understanding typical expectations can help prepare you for the role or come to a decision about renunciation.
When To Consult An Edmonton Wills And Estates Lawyer
If you feel unable to carry out your executor duties, it is important to seek legal advice as early as possible. A wills and estates lawyer can help you understand:
- Whether you can still renounce your appointment
- What it means to step down after you have already acted
- How to apply to the court to resign or to respond if someone seeks your removal
- How to protect yourself from personal liability while you transition away from the role
Verhaeghe Law’s Edmonton wills and estate lawyers assist executors, co-executors and beneficiaries with estate administration issues throughout Alberta. To discuss your situation, contact our office online or call (587) 410-2500 to arrange a consultation.
Please note that the information in this article does not constitute legal advice. It is intended as a general overview of an area of wills and estates law. For legal advice, please consult with a lawyer.