TL;DR: An executor is the person named in a will to manage a deceased person’s estate and carry out its instructions after they die.

Definition

An executor is the person or people appointed in a Will to deal with a person’s estate after they die.

We use the word executor when the person who died had a Will – for example, Joe is the executor of Mary’s Will.

We use other words when the deceased person did not have a Will (see below).

Why executors matter

The Executor is legally responsible for administering the deceased person’s estate. They have many jobs when managing an estate, including:

  • arranging for the disposition of the deceased’s remains and any services the deceased or the family wanted;
  • identifying the people involved in the estate, and how they will be involved
  • identifying the deceased’s assets and liabilities;
  • securing and safeguarding the deceased’s assets;
  • cancelling automatic payments
  • determining whether probate is required to distribute the estate, and applying for probate if it is required;
  • notifying beneficiaries and other people entitled to share in the estate;
  • working with advisors and helpers such as accountants, Realtors, caretakers, gardeners, lawyers, etc.
  • identifying and paying debts and taxes;
  • deciding which assets should be sold and which should be kept;
  • distributing specific gifts in a Will;
  • deciding how to deal with the estate’s assets based on the terms of the Will and any other relevant instructions;
  • transferring assets into the names of the Executor for later distribution
  • selling assets
  • transferring assets or funds into the names of the beneficiaries
  • dealing with claims or other possible legal issues
  • advertising for creditors
  • obtaining a clearance certificate from CRA
  • determining executor’s fees and preparing accounts

Every estate is different, so an executor’s job will differ depending on the nature of the estate.

Variations of the word executor

While we mostly just use the word “executor” now, you might also see the following older Latin variants of the word Executor:

  • Executor: single, male person acting as executor on their own
  • Executrix: single, female person acting as executor on their own
  • Executors: multiple people (either male or mixed) acting as executors together
  • Executrices: multiple female people acting as executors together

Other words that are similar to the word executor

You might also see the following words, which are similar but not exactly the same:

  • Administrator: a person who administers the estate of a deceased person who did not have a Will
  • Personal Representative: a person who administers the estate of a deceased person (whether or not they had a Will)
  • Administrator with Will Annexed: a person who administers the estate of a deceased person who left a Will, but all of the executors named in the Will have died or are unable to act – this person is volunteering to administer the estate according to the terms of the Will even though they were not named as executor
  • Trustee: a person who manages a trust, whether in a Will or set up outside of a Will
  • Estate Representative: this is a generic phrase which means the person looking after an estate, but it doesn’t give any indication of the type of authority the person actually has

What makes a good executor

A good executor should be able to:

  • understand the nature and extent of your assets
  • work with your family to distribute your estate
  • deal with your funeral wishes
  • manage your assets while they are winding up your estate
  • understand how to work with accountants, notaries, lawyers and Realtors to manage your assets
  • manage family grief and drama

Examples

Mary names her daughter Susan as executor in her Will. When Mary dies, Susan applies for probate and administers the estate.

John names his wife Elizabeth as executor in his Will. When he dies, Elizabeth determines that probate is not required as they owned all of their assets in joint tenancy. Elizabeth takes John’s Certificate of Death around to the asset holders (banks, the land title office, etc.) and transfers the assets into her name as surviving joint tenant.

Rhonda named her husband Murray as executor in his Will, but does not name an alternate executor. Murray died 5 years before Rhonda, and she never updated her Will. Rhonda’s niece Karen applies to court to be the Executor with Will Annexed, so she can manage Rhonda’s estate.

Chad never made a Will. His son Robert applies to court to be the administrator of his father’s estate.

Frequently Asked Questions

Does an executor have to accept the role?

No. You can decline to act as executor if you don’t want to do it. If you think you might not want to act as executor, you should seek legal advice immediately, as you will need to sign a renunciation document, and promise that you have not “intermeddled” or interfered in the estate.

Can there be more than one executor?

Yes. You can name more than one person to act as your executor. Just make sure they can work together efficiently and effectively. You should also appoint alternate executors, so if your first choice for executor can’t act for you, someone can be your backup executor.

Does an executor get paid?

They can get paid yes. They can get reimbursed for their reasonable expenses (they need to keep receipts for this), and they can claim fees for acting as the Executor.

There are several types of fees an executor can be paid, depending on the nature of the assets involved:

  • professional executors often ask the will-maker to sign a fee agreement setting out their various fees, including setup fees, administration fees, care and management fees, etc.
  • fees allowable under BC’s Trustee Act include a “fair and reasonable allowance, not exceeding 5% on the gross aggregate value, including capital and income, of all of the assets of the estate” and a care and management fee not exceeding “0.45 of the average market value of the assets” if the estate isn’t going to be wound up immediately.

You can write the amount of fees an executor should get into a Will; you can let the executor negotiate the amount of their fees with the beneficiaries; or a judge can make an order for fees.

Executors can also waive fees if they wish to do that.