Coffee With an Estate Lawyer — 10 Questions Every New Executor Asks
Imagine you have just been named an executor, and you get an hour with an estate lawyer over coffee to ask whatever you want. Most people, it turns out, ask the same ten questions — and the answers are far more reassuring than the dread that prompted them. This guide is that conversation, in plain language. It is general information for the common-law provinces and territories, not legal advice; think of it as the orientation before you decide what help you actually need.
1. "Do I even have to do this?"
No. Being named in a will does not compel you to serve. You can renounce — formally decline — before you begin dealing with the estate, and an alternate executor or the court takes over. The catch is timing: once you have started administering, walking away is much harder. So decide early, before you have acted; see can you refuse to be an executor.
2. "What do I do first?"
You secure, you do not spend. Find the original will, protect the home and valuables, order several death certificates, and notify banks and institutions to freeze accounts.[1] The opening phase is about gathering information and safeguarding assets — not paying bills, not distributing anything, not making promises to relatives.
3. "Do I need probate?"
Often, yes — especially if there is real estate in the deceased's sole name or significant bank and investment accounts, because those institutions generally require the court's grant before releasing or transferring assets.[2] Assets passing by beneficiary designation or joint ownership may sit outside probate. Whether you need it is driven by what the asset-holders require.
4. "Am I personally liable?"
You can be, and that is the single most important thing to understand. An executor who distributes the estate before debts and taxes are paid can be personally responsible for the shortfall. The guardrails — pay liabilities first, keep meticulous records, and obtain a Canada Revenue Agency clearance certificate before final distribution — exist precisely to protect you.[3]
5. "How long will this take?"
Usually the better part of a year, and longer for complex or contested estates. Executors often work to an informal "executor's year." The pace is set by probate timelines, locating and valuing assets, and the tax process — not by how quickly beneficiaries would like their money.
6. "Do I get paid?"
Generally yes, unless the will says otherwise. Executor compensation is set by provincial rules and practice — often referenced as a percentage of the estate, subject to the court's view of what is fair — and it is taxable income. Many family executors waive it; many do not. Either choice is legitimate.
7. "When can I pay the beneficiaries?"
Once debts, taxes, and expenses are settled, ideally with a clearance certificate in hand. A common approach is an interim distribution once the big liabilities are known, holding back a reserve for the rest. The instinct to pay everyone quickly is exactly what gets executors into trouble.
8. "What if the family fights?"
Then you slow down and get help. Disputes — over the will's validity, unequal shares, or your conduct — move from conversation to mediation to litigation, and the estate often funds the cost. Your job as executor is to remain neutral, communicate, and document; see estate disputes among adult children.
9. "Do I need a lawyer?"
Not for everything. A straightforward estate can often be handled on your own with good organization. A lawyer earns their fee where there is a contested will, a business, foreign assets, or genuine uncertainty about your duties. Doing the gathering and organizing yourself first keeps the bill down.
10. "What if I get something wrong?"
Courts distinguish honest, good-faith mistakes from reckless or self-serving conduct. An executor who acts prudently, seeks advice when out of their depth, and keeps records is well protected. When you are truly unsure, paying for an hour of advice before acting is the cheapest insurance there is.
What we focus on at It's Simple Will
The Will Creator helps will-makers leave a clear will and organized records — the difference between an executor's job that is manageable and one that is miserable. For the full province-by-province process, see our complete Ontario executor guide and its BC and Alberta companions.
Related guides
Citations & sources
- [1]Administering estates (Ontario) — Government of Ontario
- [2]Apply for probate of an estate (Ontario) — Government of Ontario
- [3]Doing taxes for someone who died — Canada Revenue Agency
Frequently asked questions
Do I have to accept being an executor?
No. Being named does not force you to act. You can renounce before you start dealing with the estate, and an alternate or the court steps in. Once you have begun administering, stepping away is harder, so decide early — see whether you can refuse the role before you take any action.
What is the very first thing an executor should do?
Secure things. Locate the original will, protect the home and valuables, order several death certificates, and notify key institutions to freeze accounts. Do not rush to pay people or distribute anything. The early job is gathering information and securing assets, not making decisions.
Will I be personally liable?
You can be, which is why the process has guardrails. An executor who distributes before debts and taxes are paid can be personally on the hook for what is still owed. Acting prudently, keeping records, and obtaining a CRA clearance certificate before final distribution are what protect you.
When can I actually pay the beneficiaries?
After the estate's debts, taxes, and expenses are settled and, ideally, a clearance certificate is in hand. Many executors make a partial distribution once major liabilities are known and hold a reserve for the rest. Distributing too early is the classic executor mistake.
Do I need a lawyer to be an executor?
Not always. Straightforward estates can often be administered without one. A lawyer earns their fee on complex estates, contested wills, business assets, or where you are unsure of your obligations. Even then, doing the organizing yourself first can keep the legal bill down.
What if I make an honest mistake?
Courts distinguish honest errors made in good faith from reckless or self-interested conduct. An executor who acts prudently, takes advice when needed, and keeps good records is in a far stronger position. Where you are genuinely unsure, getting advice before acting is the cheapest insurance available.