Executor and Executrix in Alberta: What the Role Really Means
In Alberta, “executor” (traditionally “executrix” for a woman) is the person named in a will to settle the estate. In modern Alberta law, the gender-neutral legal term is personal representative (PR). You’ll still hear “executor/executrix” in everyday conversation, so this page explains both terms and what the job involves. (Alberta uses the term “personal representative” in statute.
Table of Contents
Plain-English Definition
Executor/executrix: the person named in the will to carry out the will-maker’s instructions after death.
Personal representative (PR): Alberta’s legal term that covers executors (with a will) and administrators (no will). In practice, if a will names you, you’re commonly called the executor — but in court forms and statutes, you’re the personal representative. (Defined across the Wills and Succession Act and related materials.
What the Job Involves (Core Duties)
Your practical to-do list typically includes:
Secure the home, vehicles, and valuables; change locks if needed.
Locate the original will; order death certificates.
Identify and list assets/liabilities; get date-of-death values.
Notify banks, insurance, pension administrators.
Decide if a Grant of Probate is required (often for real estate or significant accounts). File the required Surrogate forms with the Court of King’s Bench if needed.
Pay debts, taxes, and expenses; keep detailed records.
Distribute the estate under the will and obtain releases.
Provide an accounting to beneficiaries. (Duties are set out and reflected across Alberta guidance about PR responsibilities.
When probate is needed?
Probate is a court confirmation that the will is valid and that you have authority to act. Banks and land titles offices commonly require it before releasing assets or transferring land.
Authority, Risks, and Protections
Authority: Once the will-maker dies, an executor can take reasonable steps to protect estate property right away.
Risks: You owe fiduciary duties. Missteps (e.g., distributing too soon, missing taxes, ignoring creditors) can create personal liability. Advertising for creditors and documenting decisions help manage risk.
Time commitment: Simple estates can take months; complex files can take longer (litigation, business assets, multiple beneficiaries).
Getting help: You can hire professionals (lawyer, accountant, appraiser). Fees are estate expenses when reasonable.
Checklist: First 10 steps for a New Executor
Secure property and gather the will.
Make initial family/funeral arrangements (respect the will’s wishes).
Meet a wills & estates lawyer to scope the probate requirements.
Open an estate file and a dedicated estate bank account.
Order multiple death certificates.
Inventory assets and debts; assemble supporting statements.
Notify beneficiaries/next of kin.
Decide on creditor advertising.
File for probate (if required) or proceed with administration if not.
Track all receipts and disbursements for the final accounting.
Alberta Terms Executors See
Grant of Probate: court approval where there’s a valid will and you’re the named PR.
Surrogate Rules: court rules and forms for probate/administration.
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Disclaimer: This guide provides general information about estate planning in Alberta and should not be considered legal advice. Every situation is unique, and you should consult with a qualified estate planning lawyer to discuss your specific circumstances. Laws and regulations can change, so ensure you’re working with current information when making estate planning decisions.
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Frequently Asked Questions
Is “executrix” still used in Alberta?
It’s an older gendered term. Statutes use personal representative; most people say “executor.” Both refer to the role of settling an estate.
Do I automatically need probate?
Not always. Joint property with right of survivorship and designated-beneficiary assets might bypass the estate. Many institutions still require a grant to release funds or transfer land.
Can I be paid as an executor?
Yes. Reasonable compensation is standard and paid by the estate, subject to Alberta guidelines and the will’s wording.
What if I don’t want the job?
Don’t start acting. You may be able to renounce before taking any steps. A lawyer can prepare the renunciation form and help the alternate serve.
What if there’s no will?
Someone with priority can apply for a Grant of Administration and will have similar duties, but authority starts after the court issues the grant.
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