Executor’s Duties: What You Need to Know Before You Say Yes
If you’ve been named as the executor of someone’s estate, it’s a sign of trust. It means the person believed in your ability to handle their affairs and carry out their wishes after they’ve passed. It can be an honor to be chosen as executor - but before you accept the role, it’s important to understand what’s involved.
Serving as an executor can be a meaningful experience, but it also comes with real responsibilities. It can be time-consuming, emotionally demanding, and sometimes complex. Here’s what you need to know before saying yes:
1. You’ll Be Responsible for Managing the Estate
Your main job as executor is to manage and distribute the estate according to the will and the law. This typically includes:
Locating the will and applying for probate (if required)
Identifying, gathering, and valuing assets
Paying any outstanding debts and taxes
Distributing what remains to the beneficiaries
As executor, you’re expected to act in the best interest of the estate and its beneficiaries. This is known as a fiduciary duty - you must be honest, careful, and fair throughout the entire process.
2. It Can Take Time - Sometimes a Lot of It
Settling an estate isn’t always quick. Even straightforward estates can take several months to wrap up. More complex ones - especially those involving property, business interests, or tax issues - can take a year or more.
If you’re busy with work, family commitments, or live far away, be sure you have the time and energy to take this on.
3. There Might Be Family Tension
Acting as executor sometimes means navigating sensitive family dynamics. Beneficiaries may not always agree with the will, or with each other. You may face questions, disagreements, or emotional responses. It’s important to stay neutral, communicate clearly, and keep accurate records of all actions and decisions.
4. You Can Be Paid for Your Work
Unless the will says otherwise, executors are typically entitled to reasonable compensation for their work. In Ontario, this is often calculated as a percentage of the estate’s value. However, the amount must be fair and may need approval from the beneficiaries or the court.
Before accepting the role, review the will to check if it includes any limits or instructions about executor compensation.
5. You Don’t Have to Do It Alone
The good news? You don’t have to figure it all out by yourself. Many executors work with professionals, such as lawyers, accountants, and financial advisors, to help ensure the estate is administered properly and that they’re meeting their legal obligations.
If the estate is complex, or if you’re simply unsure where to start, it’s a good idea to speak with an estates lawyer early in the process.
So should you accept the role of executor?
Saying yes to being an executor is a personal decision, and ultimately it’s up to you whether you wish to take on the role. It can be a meaningful way to honour someone’s trust, but it’s also a serious commitment. If you’re not sure you’re up for it, that’s okay—it’s better to be honest upfront.
Make sure to decide as soon as possible whether you want to accept the role - and don’t take any action until you’ve decided. It’s a simple process to refuse to take on an executor role, but it’s much more difficult to be removed as executor once you have already started acting.
If you do choose to accept, take your time, stay organized, and don’t be afraid to ask for help. You don’t have to do it all alone.
If you have any questions about being an executor, or would like help with administering an estate, please contact us to schedule a consultation.
This blog post is for informational purposes only and is not intended to provide legal advice. If you require legal assistance, before taking any action you should contact us or another qualified lawyer to discuss your situation.
