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Your role as Executor
If you are named as an executor in a Will, or if you are applying to be appointed as an estate representative where there is no Will, you are the person responsible to make decisions regarding the estate.
Those responsibilities include, but are not limited to:
- Making arrangements for the disposition of the body and for funeral, memorial or other similar services.
- Determining the names and addresses of those beneficiaries entitled to the estate property and notifying them of their interests.
- Arranging with a bank, trust company or their financial institution for a list of the contents of a safety deposit box.
- Determining the full nature and value of property and debts of the deceased as at the date of death and compiling a list, including the value of all land and buildings and a summary of outstanding mortgages, leases and other encumbrances.
- Examining existing insurance policies, advising insurance companies of the death and placing additional insurance, if necessary.
- Protecting or securing the safety of any estate property.
- Providing for the protection and supervision of vacant land and buildings.
- Arranging for the proper management of the estate property, including continuing business operations, taking control of property and selling property.
- Retaining a lawyer to advise on the administration of the estate, to apply for a grant from the Court or to bring any matter before the Court.
- Apply for pensions, annuities, death benefits, life insurance or other benefits payable to the estate.
- Advising any joint tenancy beneficiaries of the death of the deceased.
- Advising any designated beneficiaries of their interests under life insurance or other property passing outside the will.
- Arranging for the payment of debts and expenses owed by the deceased and the estate.
- Determining whether to advertise for claimants, checking all claims and making payments as funds become available.
- Taking the steps necessary to finalize the amount payable if the legitimacy or amount of a debt is in issue.
- Determining the income tax or other tax liability of the deceased and of the estate, filing the necessary returns, paying any tax owing and obtaining income tax or other tax clearance certificates before distributing the estate property.
- Instructing a lawyer in any litigation.
- Administering any continuing testamentary trusts or trusts for minors.
- Preparing the personal representative’s financial statements, a proposed compensation schedule and a proposed final distribution schedule.
- Distributing the estate property in accordance with the Will or intestate succession provisions.
What Keibel Legal Services can do for you?
Keibel Legal Services can provide various services to assist you in administering the estate, some of which are outlined above, and others which can include the following:
- Advising you in all matters in connection with administration of the estate.
- Preparing the application to the Surrogate Court to confirm your appointment as Executors of the Estate.
- Preparing the advertisement for creditors if you wish to advertise for creditors and others.
- Assisting you in transferring and/or realizing the assets of the Estate by preparing any documents that might be required for this purpose.
- Assisting in the preparation of your accounts for the audit by the Surrogate Court if you decide or are required to do so.
- Preparing Releases for completion by the beneficiaries of the Estate as required when assets are paid or transferred to them.
- Preparing the necessary notices to Beneficiaries.
Probate Fees
Executor Fees
Probate Fees
Filing fees in Alberta depend on the net value of the estate.
The current fees are:
VALUE OF ESTATE PROBATE FEE
$10,000 or less $35
$10,001 to $25,000 $135
$25,001 to $125,000 $275
$125,001 to $250,000 $400
$250,000 and up $525
Legal Fees
Executor Fees
Probate Fees
Legal fees for Probate Applications in Alberta generally follow the guidelines of the
Law Society of Alberta.
Those fees are:
- Estates with a value of up to $150,000: Fees of $2,250 plus 1/2 of 1% of the value of the estate, plus disbursements and GST
- Estates with a value of over $150,000: Fees of $2,250 plus 1% of the value of the estate, plus disbursements and GST
Here at Keibel Legal Services we charge our estate administration fees on an hourly basis, resulting in a more reasonable cost than the standard fee guidelines. In addition, we are a nearly paperless office, which means less charges for photocopies and other administrative fees, and efficient document management.
Executor Fees
Executor Fees
Executor Fees
As an Executor you are the person primarily responsible for the administration of the estate. Although there are no set rules regarding executor compensation, the guidelines suggest the following:
- 3 % - 5% on the first $250,000 of capital
- 2% - 4% on the next $250,000 of capital, and
- 0.5% - 3% on estate capital over $500,000
Resources for Locating the Original Will
When probating a Will in Alberta you will need to provide the Original Will to the Court with your application. If you have been unsuccessful in locating the Will, there are two options for further searches:
- The Law Society of Alberta provides a service where you can post a search request. Law firms who regularly check the site will see your inquiry.
Use this link to make your search on this site:
Lost Wills Listing Now Available Online - Law Society of Alberta
- There is also a paid service called the Alberta Will Registry. For a fee you can register a Will or search for a will.
Use this link to make your search on this site:
