Executor Duties

This summary is not intended to be all encompassing and certainly does not contemplate or include the further duties that may be involved should there be any difficulties or problems encountered by the Estate.

Foster & McGarvey Funeral Homes encourages you to consider the advice and counsel of an attorney. If you do not already have the counsel of attorney and require one - please refer to your local Yellow Pages under "Lawyers" or visit our Edmonton Community Resources & Links For Funeral Planning.

DUTIES OF AN EXECUTOR *

1. Locate and review Will.
2. Deal with intentions as to donation of organs, cremation or burial.
3. Contact lawyer for advice and assistance – retain.
4. Contact Life Insurance Company (may be a quick source of money).
5. Give notice to beneficiaries re: contents of Will.
6. Locate and protect assets.
7. Protect business interests.
8. Collect valuables.
9. Open Estate Bank Account.
10. Ensure all property is insured.
11. Assemble and value assets (real property, furniture, bank accounts, securities, business interests, jewellery, etc.).
12. View Safety Deposit Box to determine contents.
13. Determine if there are any agreements that apply to the assets (eg. Buy-Sell Agreement, Shareholders Agreement, etc.).
14. Determine if there is property located out of the Province (re-sealing, tax consequences, eg. U.S. assets, etc.).
15. Apply for Canadian Pension Benefits.
16. Notify Blue Cross and Alberta Health Care.
17. Order Death Certificates if required.
18. Cancel credit cards – obtain final statements.
19. Redirect mail.
20. Cancel subscriptions, memberships, etc.
21. Arrange for the transfer of jointly held assets.
22. Assist lawyer in preparation of documents to apply for a Grant of Probate.
23. Contact Public Trustee if minors involved (lawyer).
24. Determine application of legislation eg. Family Relief Act, Matrimonial Property Act (lawyer).
25. Advertise for Creditors.
26. File Tax Returns – obtain Clearance Certificate.
27. Pay taxes, debts, funeral expenses, etc.
28. Prepare an Accounting of the administration of the Estate.
29. Determine if any matrimonial agreement might affect the distribution of the assets.
30. Defend or commence lawsuits as necessary.
31. Convert assets to cash where appropriate.
32. Determine your fee – obtain approval of the beneficiaries or a Court Order.
33. Prepare and have all beneficiaries sign a Release.
34. Distribute the assets of the Estate.
35. Funeral expenses do not have to go to Probate (most Banks will pay the account(s) from the deceased's bank account).