What Does an Executor Actually Do?

An executor is the person you choose to carry out the instructions in your will after you die. In Alberta, this person is also called a “personal representative.” Their job is to step in, organize your estate, and make sure your wishes are followed as clearly as possible.

According to the Government of Alberta, a personal representative is generally responsible for administering the estate. That can include locating assets, paying debts and funeral costs, and distributing estate property to beneficiaries.

Personal Representatives in Alberta

Definition from the Government of Alberta:

The term 'personal representative' is used to describe either an executor or an administrator of the estate of a deceased individual. Generally, a personal representative of a deceased estate is responsible for the administration of the estate, which includes all duties from locating assets, paying debts and funeral costs, to distributing estate property to beneficiaries.

In practical terms, your personal representative (aka executor) may need to:

Find and secure your will
Identify your property, bank accounts, investments, and personal belongings
Notify beneficiaries
Pay valid debts, taxes, and funeral expenses
Apply for probate if required
Distribute property according to your will
Keep records of estate decisions and payments

This is an important role. Your executor may deal with banks, insurance companies, government offices, family members, accountants, and lawyers. That is why it is smart to choose someone responsible, organized, and calm under pressure. Choose someone who is trustworthy and competent.

Appoint Someone You Trust

Your executor does not have to be a legal expert.

However, they should be someone you trust to follow instructions, communicate clearly, and make careful decisions. Many people choose a spouse, adult child, sibling, close friend, or professional advisor.

Naming an executor in your will gives your family a clear starting point. Without a will, Alberta’s laws decide who has priority to apply to administer your estate, and the court may need to appoint someone. That can add delay and uncertainty during a potentially difficult time for the family.

A strong will does more than say who gets what. It names the person who will guide the process when your family needs direction and provides them with the means to make important decisions.

Do I Need to Compensate an Executor?

Serving as an executor can require a significant investment of time and effort, especially if an estate is large or complex.

In Alberta, an executor is generally entitled to receive fair and reasonable compensation for the work they perform, unless the will specifies otherwise.

Compensation is typically paid from the estate and may take into account factors such as the size and complexity of the estate, the amount of time required, and the responsibilities involved. Many family members choose to waive compensation, while others accept payment for the considerable work involved. If there is disagreement about executor compensation, the amount can ultimately be reviewed and determined by the court.

Disclaimer: This article is provided for informational purposes and does not constitute legal advice. Estate planning laws can vary depending on your circumstances and province. If this information has created more questions for you than answers, you may require legal advice about your specific situation. Consider consulting a qualified lawyer. For straightforward estate planning, Will Genie offers an easy way to prepare your legal documents online.