How to Prepare Your Executor (and Protect Your Legacy)

How to Prepare Your Executor (and Protect Your Legacy)

Beyond the Will: Prepare Your Executor for What’s Ahead

Naming an executor in your will is a vital step in estate planning. But what happens after the ink dries? Many people think naming a trusted family member or friend is all that’s needed. But your executor’s responsibilities begin when yours end, and the smoother their path, the smoother your legacy.

Preparing your executor is about more than handing over a will. It is about giving them the clarity, tools, and confidence to manage your affairs efficiently, meet legal requirements, and maintain harmony among those you leave behind.


Why Executor Preparation Matters

Being an executor more often than not is like taking on a second job. There are legal filings, deadlines, financial reconciliations, and emotional dynamics to navigate. Without preparation, even the most capable person can feel overwhelmed by the weight of responsibility.

There is a level of liability that comes with being an executor. Missing a filing deadline or distributing assets too early can create challenges they may be held responsible for. That’s why preparing your executor in advance, before your death, is one of the kindest and most practical gifts you can leave.


Understanding the Role and Its Responsibilities

An executor’s job is to protect, manage, and distribute your estate according to your will and the law. This includes applying for probate when required, filing tax returns, managing real estate, and closing financial and digital accounts.

Each province and territory has its own probate processes and requirements. In Alberta, a grant of probate for a straightforward estate is often issued within a few weeks to a few months, although processing times can take longer if paperwork is incomplete or the estate is more complicated. In British Columbia, a typical probate grant may also be issued within several months. However, if the estate has multiple properties, many beneficiaries, or a will that is being contested, delays of eight to twelve months or even longer are not uncommon, since the court cannot issue a grant until any issues are resolved.

When someone knows what to expect ahead of time, they can plan their availability, seek help when needed, and avoid preventable mistakes.


How to Prepare Your Executor

Preparing your executor begins with communication and clarity. The more guidance they have before your passing, the less confusion, stress, and delay they will face after. Think of this as leaving them a map, not just a set of directions.

1. Have a conversation now.
Sit down with your chosen executor and walk them through your plans. Discuss your will, major assets, debts, and any wishes not explicitly stated in legal documents. This is your chance to explain the “why” behind your decisions, reducing surprises and family conflict later.

2. Organize your information.
Gather a list of important documents and where they can be found: your will, insurance policies, property deeds, tax returns, digital accounts, and contact information for your lawyer and accountant. A well-labeled binder or secure digital folder can be invaluable.

3. Provide written instructions.
A detailed Executor Guide can summarize tasks, contacts, and timelines in one place. It is not a substitute for your will, but it offers helpful guidance that makes it easier for your executor to follow your wishes.

4. Encourage them to get professional help.
Many executors take on the role believing they have to figure out every step themselves. Working with a Certified Executor Advisor can provide guidance, clarity, and reassurance, which often leads to a smoother and more efficient process.

The Overwhelmed NephewWhen Asha passed away, she named her nephew, Naveen, as executor. He lived in another province and had never handled estate matters before. The will was straightforward, but Naveen underestimated how many institutions he needed to contact, including banks, CRA, insurance, and utilities. Months later, paperwork was still outstanding, and family tensions were rising.

After reaching out to a Certified Executor Advisor, Naveen gained the direction he needed to set up a timeline, organize the estate’s assets, and keep beneficiaries informed. What had felt overwhelming quickly became manageable, and he was able to complete probate smoothly. The support he received helped him stay on track.


Emotional Preparedness Is Just as Important

Most executors are grieving at the same time they are trying to manage complex estate tasks. This can make the role emotionally demanding, especially when beneficiaries are looking for quick answers or reacting to delays. It is important to acknowledge that the executor is navigating legal requirements while coping with personal loss, and they need space to move at a steady and thoughtful pace.

Providing clarity about your decisions before you pass can ease this burden. Explain wishes such as unequal distributions or charitable gifts so your executor does not have to interpret or defend them. When family members already understand your intentions, it reduces stress for everyone involved.

The Siblings Who Nearly Fell ApartAfter their mother died, two sisters struggled to agree on how to divide her personal belongings. Each item, from jewelry to photo albums and heirloom china, carried emotional weight. One wanted to follow sentimental value, while the other insisted on strict fairness.

This conflict could have been avoided if their mother had discussed her intentions ahead of time and documented them clearly. A brief conversation and written summary of her wishes would have guided both sisters and prevented resentment.


Legal and Practical Steps Every Executor Should Know

Even with good preparation, the executor role comes with legal duties that must be handled correctly. These steps ensure the estate is managed within the law, protect the executor from personal liability, and keep the process organized from start to finish.

  1. Probate requirements: Understand whether probate is needed in your specific case in your jurisdiction. Even small estates can require formal approval before assets are released.
  2. Estate accounts: Executors must use an estate bank account for the estate. This is required so that all estate-related income and expenses can be tracked properly for accounting and reporting.
  3. Tax filings: Executors are responsible for filing the final return, and a trust return if one applies. After the tax filings are submitted, the executor should request a clearance certificate from the Canada Revenue Agency. This certificate confirms that the estate’s tax obligations are satisfied. Without it, distributing assets can put the executor at risk of being personally liable for any taxes that were missed or reassessed later. Waiting for the clearance certificate protects both the estate and the executor.
  4. Beneficiary communication: Keep records of correspondence and share updates to maintain transparency.
  5. Professional fees: Reasonable executor compensation is permitted, but it varies by jurisdiction and estate size.

Co-Executors: Helpful or Harmful?

Many families name co-executors, believing it promotes fairness. In reality, it can sometimes create more confusion than clarity. When co-executors disagree, every decision, from selling property to paying expenses, can be delayed.

If you are considering naming co-executors, choose individuals who cooperate well and trust each other. Alternatively, name one primary executor and one alternate. This keeps accountability clear while ensuring continuity if the primary executor cannot act.

When Two Was Too ManyCaroline named both her daughters as co-executors, believing it would be fair. Instead, they spent months arguing about whether to list the family home before or after spring. Each had different advice from friends, and neither wanted to back down. Legal fees mounted, and the property sale was delayed.

A single executor, guided by professional advice, could have completed the process faster and at lower cost. Fairness does not always mean sharing the role.


Helping Your Executor Get Support

Not every executor has the time, skill, or confidence to manage complex estates. Executors are legally entitled to hire professional assistance, such as lawyers, accountants, or Certified Executor Advisors, when administering an estate. Reasonable fees for these services are considered legitimate estate expenses and are paid from the estate’s funds.

For executors who want structured guidance through the process, Executor Ally Plus from NEXsteps provides comprehensive support from start to finish. Those who only need direction for the initial stages can benefit from Executor Essentials, which focuses on probate preparation, organization, and beneficiary communication.

By connecting your executor with professional resources, you protect both them and your estate.


The Gift of Preparedness

Preparing your executor is more than a legal task. It is an act of kindness, love and thoughtfulness. It spares loved ones unnecessary confusion during an already emotional time and helps your legacy unfold with dignity and order.

When you take the time to document, explain, and organize, you give your executor the confidence to act decisively and the freedom to grieve without the added burden of chaos. Preparedness turns uncertainty into reassurance and transforms a duty into an honourable act of service.


Key Takeaway

A will alone is not enough. Preparing your executor with information, conversation, and professional support can prevent confusion, protect relationships, and ensure your estate is managed exactly as you intended.

The best estate plans are not only written. They are explained, shared, and supported.

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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

Dying Without a Will: What Your Family Needs to Know

empty table

What Really Happens If You Die Without a Will?

Dying without a will; it’s uncomfortable to think about. In fact, many people avoid thinking about it at all. But the truth is, if you die without a valid will in place, the consequences can be far more than just inconvenient—they can be emotionally and financially devastating for the people you care about most.

More than half of Canadian adults don’t have a will. And when you die without one, the legal system decides what happens next—not your family, and not you. At NEXsteps, we often meet people after a crisis, when a lack of planning has created confusion, delays, and even family conflict. This article is your opportunity to understand what really happens if you die intestate—and how you can avoid it.

What Does It Mean to Die Intestate?

Dying intestate means you haven’t left legal instructions on how your assets, possessions, and responsibilities should be managed after you pass away. Without a will, laws in your jurisdiction apply a formula to determine who inherits what. These rules don’t take into account your personal wishes, relationships, or the dynamics within your family.

At NEXsteps, we work with individuals and families to create clarity in these moments—but our best work happens when planning is done in advance. That’s when your values, preferences, and relationships can truly shape your legacy.

Who Inherits If There’s No Will?

Every province and territory has its own version of intestacy laws, but the basic outline is similar across Canada:

  • Married with children: The surviving spouse receives a fixed “preferential share” of the estate (ranging from $150,000 to $350,000 depending on the province). The rest is divided—typically one-third to the spouse, and two-thirds shared equally among the children. If there’s only one child, the balance is usually split 50/50.
  • Married with no children: The spouse often inherits the entire estate.
  • Single with children: The children inherit everything, divided equally.
  • No spouse or children: The estate passes to parents, then siblings, and then to more distant relatives.

Here’s the harsh reality:

  • Common-law partners may get nothing unless they are explicitly named.
  • Stepchildren are excluded unless legally adopted.
  • Friends, caregivers, or other meaningful relationships are not recognized in intestate distribution.

And if no eligible relatives are found? Your estate could go to the government.

Want to know how your current situation would play out without a will?
The Legacy Readiness Review included in our Essentials Package gives you a snapshot of the legal and personal gaps that could affect your loved ones.

The Administrative Nightmare of No Will

Without a will, the court appoints someone to manage your estate. This person—called an administrator—may not be someone you would have chosen. The process of appointing them can delay the administration of your estate by weeks or even months and can be costly.

Tasks like:

  • Identifying and valuing assets
  • Handling taxes, creditors, and government filings
  • Communicating with heirs and beneficiaries

become significantly more complex without written guidance.

Our Executor Essentials package provides step-by-step support for those navigating estate administration. But even the best guidance can’t undo poor—or nonexistent—planning. Having a will in place makes everything smoother.

Real-World Consequences: A True Story

When Mark passed away unexpectedly at 52, he left no will. His adult children assumed his long-time partner, Karen, would inherit everything. They had been together for nearly two decades.

But Mark and Karen weren’t legally married, and in their province, common-law partners aren’t entitled to inherit if there’s no will. Everything went to his children—including the home Karen had lived in and helped maintain for years. She was devastated and unprepared.

We’ve seen this situation—and many like it—play out firsthand. You don’t want your loved ones navigating grief and a legal battle at the same time.

What You Lose Without a Will

  • Control over who inherits your assets
  • Choice in who manages your estate
  • Peace of mind knowing children, pets, or dependents will be looked after by the right people
  • Opportunities for tax efficiency, charitable giving, or blended family planning

Without a plan, what’s left behind is often stress, confusion, and legal bills.

Myths That Keep People From Writing a Will

We hear these all the time:

  • “I don’t have enough to worry about a will.”
    Even modest estates can cause major conflict without one.
  • “My family knows what I want.”
    Maybe—but they aren’t legally allowed to act on undocumented wishes.
  • “Everything will just go to my spouse.”
    Not necessarily. Children, estranged family, or ex-spouses may have legal claims.

If any of these sound familiar, it’s time to rethink.

It’s Easier Than You Think to Get Started

You don’t need a law degree or a million-dollar estate to get organized. If you’re not sure where to begin, our Comprehensive Legacy Package gives you the structure and guidance to put your wishes in writing—while also preparing your loved ones for what to expect.

And if you already have a will, our Annual Estate & Legacy Plan Review ensures it’s still aligned with your current life, family, and goals.

Take the First Step—Before It’s Too Late

Dying without a will doesn’t just mean legal complications. It means leaving the people you love without clear direction, possibly in conflict, and potentially at the mercy of rules that don’t reflect your life or values.

You deserve better—and so do they. Explore your planning options today. Whether you’re starting from scratch or reviewing what you already have, we can help you get your affairs in order—clearly, confidently, and compassionately.

Visit our online store  to view our services.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

 

Estate Administration: What Every Executor Needs to Know

image of papers, computer, calculator and clips showing complexities of estate administration

How To Avoid Estate Administration Mistakes 

Administering an estate is a significant responsibility that requires careful attention to legal, financial, and personal matters. Whether you have been named as an executor in a will or appointed as an estate administrator by the courts, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Many people don’t know that this role comes with both legal and ethical obligations, and failure to fulfill these duties properly can result in legal ramifications.

This article will help you navigate the process, from handling initial responsibilities to finalizing asset distribution.

Understanding the Role of an Executor

An executor, also known as a personal representative, is responsible for managing the deceased’s estate according to the terms of the will and applicable laws. If no will exists, an administrator will be appointed by the court. Executors have a fiduciary obligation, meaning they must act with honesty, transparency, and in the best interest of the estate and its beneficiaries. Any mismanagement, even if unintentional, can lead to personal liability.

Key responsibilities include:

  • Identifying and securing the deceased’s assets
  • Notifying beneficiaries and relevant organizations
  • Settling debts, taxes, and ongoing expenses
  • Ensuring assets are distributed according to the will or intestacy laws
  • Keeping clear records and providing an accounting of the estate

Failing to properly manage the estate can lead to legal consequences. Beneficiaries or creditors may take legal action against an executor who is negligent, misuses funds, or acts in their own self-interest.

First Steps After Death

The first steps in estate administration involve organizing important documents and ensuring the deceased’s affairs are secured.

  1. Obtain the death certificate – This document is required for legal and financial matters, including accessing bank accounts, filing insurance claims, and notifying financial organizations and government agencies.
  2. Locate the will and estate planning documents – The will outlines how assets should be distributed and may name an executor. If no will exists, intestacy laws determine how assets are distributed.
  3. Secure assets – Real estate, bank accounts, vehicles, and personal property need to be protected to prevent loss, theft, or unauthorized access.
  4. Notify government agencies and financial institutions – This includes informing the Canada Revenue Agency or IRS, banks, pension providers, and insurance companies.
  5. Cancel ongoing services – Subscriptions, utilities, and other recurring payments should be reviewed and canceled as necessary.

The Probate Process

Probate is the legal process of validating the will and granting the executor authority to act on behalf of the estate. Not all estates require probate, but when necessary, it ensures proper oversight of asset distribution.

  • Assets that typically require probate: Solely owned bank accounts, real estate, personal property.
  • Assets that usually bypass probate: Jointly owned property, life insurance with designated beneficiaries, registered retirement accounts with named beneficiaries.

If probate is required, the executor must file the will with the court along with necessary legal forms. In Canada, there are no estate taxes, however Probate Fees may be due once Grant of Probate has been granted by the courts, based on jurisdiction and estate value.  Keep in mind that probate timelines vary.  Simple estates can take months, and complex estates can take years to settle.

Managing Debts and Taxes

Before any assets can be distributed, the executor must ensure that all debts and taxes are paid. This includes:

  • Settling outstanding bills and loans – This may involve paying off credit cards, mortgages, and other debts using estate funds.
  • Filing the deceased’s final tax return – Any unpaid taxes must be cleared before distributions can be made.
  • Handling estate taxes (if applicable) – Depending on the jurisdiction and estate value, estate taxes may apply.

Executors should work with an accountant or legal professional to ensure compliance. Failure to properly settle debts or taxes can result in financial penalties or legal actions against the executor.

Distributing Assets to Beneficiaries

Once debts and taxes are cleared, the executor can distribute assets according to the will’s instructions. If there is no will, intestacy laws dictate how assets are divided among heirs.

Challenges may arise when:

  • Beneficiaries dispute asset distribution
  • The instructions in the will are unclear
  • Some assets are difficult to divide, such as real estate

Executors must communicate transparently and document all actions. Keeping detailed records helps prevent disputes and protects the executor from liability.

Finalizing the Estate

The final steps involve closing out the estate and ensuring all legal requirements are met. This includes:

  • Providing a final accounting to beneficiaries
  • Obtaining signed releases from beneficiaries acknowledging receipt of their inheritance
  • Filing final paperwork with the court, if required

Once all steps are completed, the executor is relieved of their duties, and the estate is officially closed.

Legal and Fiduciary Responsibilities

Executors carry significant fiduciary responsibilities. If an executor fails to fulfill their duties—whether by negligence, mismanagement, or intentional wrongdoing—they can face personal liability. Beneficiaries or creditors can take legal action if they believe the executor has not acted in good faith.

Common legal pitfalls include:

  • Failing to properly document and report financial transactions
  • Distributing assets before debts and taxes are settled
  • Making decisions that benefit themselves over beneficiaries
  • Failing to act in a timely manner, causing financial loss to the estate

To mitigate risk, executors should seek professional guidance from estate lawyers, accountants, or financial advisors when needed.

As a Certified Executor Advisor, I can provide guidance and assistance throughout this process, ensuring that executors fulfill their legal and fiduciary responsibilities while avoiding common pitfalls. Having professional support can make estate administration smoother, reducing stress and legal risk for everyone involved.

Final Thoughts on Administering an Estate

Administering an estate is a complex and often emotional process that requires diligence, transparency, and legal awareness. Understanding the steps involved—securing assets, navigating probate, settling debts and taxes, and distributing inheritances—helps ensure a smooth and legally compliant estate administration.

For those serving as executors, recognizing your fiduciary duty and seeking professional advice when necessary can help you fulfill your responsibilities effectively and avoid legal consequences. If you need guidance in estate administration, consulting an expert can make the process more manageable and ensure the estate is handled properly.

Visit our online store for programs and guides or contact us for a personalized solution.

Watch our video here, or watch on our YouTube Channel:

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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

From Probate to Payout: Understanding Inheritance Timelines

how long does it take to receive an inheritance

The Waiting Game: How Long Does It Take to Receive an Inheritance

When you’re expecting an inheritance, it’s natural to wonder, “How long is this going to take?” Whether you’re in Canada or the U.S., the process can feel like it drags on, but understanding what’s involved can help set your expectations. So let’s take a look at how long it usually takes to receive an inheritance, what can slow things down, and how to make the process smoother.

How Long Does It Really Take to Get Your Inheritance?

In Canada and the U.S., the wait to receive an inheritance can range from a few months to a couple of years. On average in Canada, you’re looking at about 12 to 18 months, and it takes an average of 20 months in the U.S. But why does it take so long? Here’s what can impact the timeline:

  • The Probate Process: This is the legal step where the will gets validated and assets are distributed. Depending on where you are and how complicated the estate is, probate can be quick or drag on for ages.
  • Estate Complexity: If the deceased had multiple properties, investments, or a lot of debt, it’s going to take longer to sort everything out. The executor needs to handle all of this before distributing the inheritance.
  • Where You Live Matters: In Canada, each province has its own rules, and in the U.S., it varies by state. Some places have streamlined processes, while others might have more red tape.
  • Family Dynamics: If someone contests the will or there’s a dispute among heirs, things can get messy fast. Legal battles over who gets what can add years to the process.

What Can Go Wrong?

Even if everything seems straightforward, a few common issues can throw a wrench in the works:

  • Messy or Outdated Wills: If the will is unclear or hasn’t been updated in years, it can lead to confusion and, often, disputes. This can mean more time in court before anyone sees a dime.
  • No Will: This happens more often than you might think.  Some statistics report that over 50% of all people in Canada and the U.S. do not have a will.  Without a will, the courts step in, adding time, difficulty and cost to the process.  At the end of the process there may be little to nothing left for your intended beneficiaries.
  • Hidden Assets or Debts: Sometimes, there are assets or debts that weren’t clearly identified. Finding and dealing with these can add months to the timeline.
  • Taxes, Taxes, Taxes: While Canada doesn’t have an inheritance tax, there are probate fees and the estate might still owe capital gains taxes. In the U.S., there could be estate taxes, depending on how big the estate is. Sorting out taxes can cause delays.
  • Executor Issues: The executor is in charge of managing the estate, so if they’re not up to the task, things can slow down. This is especially true if they live far away or aren’t familiar with the process. And, in some cases, the executor doesn’t even know they are named until the person passes away, and may be unwilling to accept the role and the responsibility.

How to Speed Things Up (Or at Least Avoid Delays)

While you can’t always control how long the inheritance process takes, here are some tips to keep things moving as smoothly as possible:

  • Make a Will and Keep it Updated: An up-to-date will that clearly spells out who gets what can prevent a lot of headaches. Encourage your loved ones to revisit their will regularly, especially after major life changes.
  • Pick the Right Executor: Choosing a trustworthy and organized executor is key. If no one fits the bill, consider a professional executor like a lawyer or trust company.
  • Talk to the Family: Clear communication can prevent misunderstandings and help everyone stay on the same page. The more everyone knows about what’s happening, the less likely disputes are to arise.
  • Use Estate Planning Tools: Structure your estate wisely.  Living trusts and insurance policies with named beneficiaries for example, can help bypass probate altogether, speeding up the process. But be sure to get professional advice to make sure it’s the right choice for you.
  • Get Professional Help: Navigating inheritance laws and taxes can be tricky. A lawyer or financial advisor can guide you through the process, helping to avoid common pitfalls and delays.

Final Thoughts

Waiting for an inheritance can be frustrating, especially when it feels like the process is dragging on forever. But understanding what’s involved and taking proactive steps can make a big difference. By keeping things clear, choosing the right executor, and getting the right advice, you can help ensure that when the time comes, the process is as smooth as possible.  And, when appropriate, never hesitate to ask for guidance.  As a Certified Executor Advisor, I can help.

Be sure to visit our online store for programs and guides. 

Watch our video here, or watch on our YouTube channel:

Prefer a podcast?  Listen here!

Your questions and comments are always welcome! Contact us to learn more.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

 

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