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Probate

What does an executor actually have to do?

The executor (liquidator in Quebec, personal representative in many US states) gathers the assets, pays the debts and taxes, and distributes what remains to the beneficiaries. Probate — the court process validating the will and the executor's authority — is often required before financial institutions will release anything. Executors carry personal liability if they get it wrong, particularly on taxes.

What to do next

  1. Secure the estate and locate the documents

    Find the will, secure property and valuables, notify financial institutions, and obtain death certificates. Keep meticulous records from the very first day — you will have to account for everything.

  2. Apply for probate if required

    Whether probate is needed depends on the assets and jurisdiction, and fees or taxes may apply. Institutions generally will not transfer significant assets without it.

  3. Pay debts and taxes before distributing

    Creditors and tax authorities come before beneficiaries. Distributing early can leave you personally liable for an unpaid tax bill — a clearance certificate or equivalent protection is often worth obtaining first.

Frequently asked questions

Is probate always required?

No. It depends on the type and value of assets and on local rules. Jointly held property and assets with named beneficiaries often pass outside probate.

Can an executor be paid?

Usually yes — reasonable compensation is generally permitted, set by the will, statute, or the court, and it is taxable income.

Can an executor be held personally liable?

Yes. Distributing before debts and taxes are settled, or failing to account properly, can create personal liability. This is the main reason executors seek professional help.

How long does administering an estate take?

Simple estates often take many months; complex or contested ones considerably longer. Tax clearance is frequently the step that determines the timeline.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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