Executor Advisory

Guiding Edmonton’s Executors with Confidence, Clarity and Care

As Edmonton’s trusted estate lawyers, Forum Estates LLP combines deep provincial insight, technological efficiency, and compassionate counsel to guide executors every step of the way.

What Being an Executor Really Means

As executor, or “personal representative” under Alberta law, you’ll:

These tasks sound straightforward but often take 12–24+ months.
What Being an Executor Really Means

What’s New in 2025 That
Matters to Executors

Trust Reporting and
Bare Trust Relief

For trusts with tax-year endings on or after December 31, 2023, the Canada Revenue Agency (CRA) has implemented enhanced trust-reporting rules, which now generally require an annual T3 return and Schedule 15, declaring beneficial ownership, for most express trusts. Accurate assessment and documentation remain crucial to avoid penalties.

Surrogate Digital Service
Streamlines Probate

Since its launch in June 2022, Alberta’s Surrogate Digital Service (SDS) has revolutionized probate. As of mid-2025, powered by mandates for e-filings, most grant-of-probate applications are now completed in just 2–4 weeks, a major improvement over paper-based waits of several months. Our Edmonton-based team files daily using SDS, avoiding typical rejections and delays.

Updated Executor Compensation Guidelines

Updated Executor Compensation Guidelines

Executor fees depend on several factors including:
The Surrogate Rules Committee (Alta Reg 130/1995) continues to guide what constitutes “fair and reasonable” executor fees in Alberta. As of January 2025, commonly accepted fee ranges remain:

Pitfalls Executors Commonly Face

Risk Impact How Forum Estates Safeguards You
Missed tax deadlines Penalties, interest, and personal liability We handle T1/T3 with tax pros and obtain clearance certificates
Forgotten digital/crypto assets Value loss or disputes Asset review with forensic and tech tools
Early distributions Exposure to unpaid debts/taxes Structured release plans and legal advice
Poor recordkeeping Beneficiary disputes or court removal We supply audit-ready digital ledgers and receipts
Out-of-province executor issues Bonds, residency tax risks Local backup options; bond guidance; estate residency planning
We also help with out-of-province executor scenarios—addressing bond requirements, estate residency, and coordination across jurisdictions.

Our Six-Step Executor
Empowerment Framework

Initial Intake and Personal Mapping

We clarify your duties, timeline expectations, and stakeholder sensitivities; then, we provide a custom executor checklist, digital task tracker, and FAQ guide.

Probate and T3 Strategy

We prepare and file probate applications electronically; evaluate trust filing obligations; coordinate tax returns with advisors; and apply for clearance certificates.

Debt Settlement and Creditors Process

We navigate creditor notices, funeral expenses, estate bank reconciliation, and third-party debts–ensuring settlements are complete before distributions.

Property Distribution and Accounting

We manage distributions, obtain beneficiary releases, and compile a final account statement.

Completion and Closing Support

We guide final legal filings, executor compensation (in line with Alberta’s Surrogate Rules: 3–5% on first $250K, sliding scale thereafter), address executor discharge, and archive documentation.
Why Edmonton Chooses Forum Estates LLP

Why Edmonton Chooses Forum Estates LLP

Local Depth, National Standards

Familiar with Edmonton’s court systems, CRA patterns, and Alberta trust law; supported by national legal research.

Close Partnerships

We coordinate with accountants, financial advisors, real estate agents, and forensic experts to manage complexity.

Transparent, Flat-Fee Options

From simple to high-value estates, we propose fee ranges with no hidden costs, milestones clearly defined.

Word from a Client

FAQS

1. Can an executor also be a beneficiary of the estate?

Yes. In fact, it is common for executors also to be beneficiaries. Many testators appoint trusted family members. The key is that the executor must act in the best interest of the entire estate, regardless of their own inheritance or personal interests.

Executors can be held personally liable for financial losses, tax errors, or improper distributions. For example, distributing assets before paying taxes may result in out-of-pocket costs. Legal advice and careful record-keeping protect executors from unintended consequences.

Detailed records are essential. This includes receipts, invoices, communications, tax filings, bank statements, and a full inventory of assets and debts. Good bookkeeping protects the executor from liability and helps answer questions from beneficiaries or the court.

Before applying to probate, an executor can renounce the office even before the grant by signing a deed of renunciation. If they have already initiated the process of administering the estate, they may require the court’s permission to resign. In this type of condition, an alternative executor or administrator appointed by the courts will come in.

An executor is an individual specified in a will who is responsible for managing the deceased person’s property. They have the responsibility of identifying the will, probate application, settling the debts, paying taxes and allocating the assets to the beneficiaries. It is a trustee position which involves orderliness, hard work and fairness.

An out-of-province executor may still act, but additional steps might be required. The court could ask for a bond or surety. Travel, communication, and access to local institutions may also become more difficult, so local executors are often preferred for practicality.
Most estates are settled within 12 to 24 months, depending on complexity, disputes, and tax matters. Executors must act promptly, but there is no fixed deadline unless the court imposes one. Delays without valid reasons can result in legal action by beneficiaries.

Yes. Reasonable compensation is due to executors and can be fixed by will or by the Surrogate Rules in Alberta. In many cases, the rate of compensation would be between 3 and 5 per cent of the amount of the estate, as the degree of difficulty increases or time decreases.

Indeed. Several executors may perform jointly. Co-executors have to collaborate; they have to make decisions. Although this provides checks and balances, it may also be slow when there is a dispute. People should be selected on the basis of communication aspects.

Although there are actions that the executor does not require permission to undertake, they are required to maintain reasonable information for the beneficiaries. When there is transparency, there are no conflicts. Major decisions, including those concerning distributions, should be explained and reported in writing.

The executor is expected to secure the property belonging to the deceased, locate the will, obtain the death certificate, and make funeral arrangements. Then, they will examine the contents of the estate, inform the involved persons and decide whether the probate is needed. Individuals should get professional advice early enough.

It is recommended that legal or financial assistance be sought when the estate is large, complex or if there is a dispute. Laywers help with probate, conflict and lawsuits. Accountants render the right tax returns. When professionals are hired, the executor is also safeguarded against any personal liability and the time-consuming settlement of the estate.

Let’s begin your journey

Ready When You Are

As executor, your first steps define outcomes. Let Forum Estates LLP help you avoid pitfalls, honor your loved one’s legacy, and complete the journey with confidence.
Contact us today for a confidential, cost-transparent consultation in Edmonton.