An Executor (or the new term, Personal Representative) is responsible for distributing an Estate. This can be a quite complicated process and it is highly recommended that you speak to a lawyer to make sure you are proceeding properly.

The role of the Executor is to oversee the distribution of the assets of the Estate to the beneficiaries. This will require you to look after the finances and assets of the Estate, pay all taxes and expenses, provide an accounting, and distribute the Estate to the beneficiaries. If you do not do this properly, there can be legal implications. Executors can be sued for negligence or subject to court action if they take too long to deal with the Estate.

In most cases, it is necessary for the Executor to get a special court order in order to do their job. If the Deceased had a Will, the Executor must make an application to the Court for a Grant of Probate, and if the Deceased died without a Will, they must apply for a Grant of Administration. This court application process is done by submitting the appropriate paperwork to the proper court. If the paperwork is completely properly and it appears to the Judge that the Will is valid (or, if there is no Will, that you are the proper person to look after the Estate), the Judge will make a binding court order (the Grant of Probate or Administration). The Executor can then use the court order to transfer property at Land Titles, change registration for vehicles, access bank accounts and investments, and do other things needed to finalize the estate.

It is important for the Executor to do their job properly, as mistakes can create legal liability. Executors normally hire a lawyer to deal with the paperwork such as the court application and the accounting. Lawyer fees are normally paid by the Estate.

If you want to know more about the duties and role of Executor, click the link here for our free Probate Guide