1. What Is an Executor?

2. What Does Alberta Law Say?

3. How to Choose the Right Executor

4. Qualities of a Good Executor

5. Should Your Spouse Be Your Executor?

6. Should Your Executor Also Be a Beneficiary?

7. Should You Appoint More Than One Executor?

8. Should Your Executor Live in Alberta?

9. When Should You Consider Appointing a Professional Executor?

10. Who Should You Avoid Appointing?

11. Should You Appoint Alternate Executors?

Introduction

Preparing a will is about more than deciding who inherits your assets. One of the most important decisions you will make is choosing the person who will carry out your wishes after you're gone.

Many people automatically name their oldest child, their spouse, or their closest friend without giving the decision much thought. While those individuals may be excellent choices, serving as an executor is a significant legal responsibility that can last many months—or even years. The role often involves navigating complex financial, legal, and tax matters while balancing the expectations of grieving family members.

Choosing the wrong executor can lead to unnecessary delays, increased costs, family conflict, and, in some cases, court involvement. Choosing the right executor, however, can make the administration of your estate considerably smoother and help ensure your wishes are carried out efficiently.

Before signing your will, it is worth taking the time to understand exactly what an executor does and what qualities you should look for when making this important decision.

Short Answer

The best executor is not necessarily your oldest child, closest relative, or wealthiest family member. The right executor is someone who is trustworthy, organized, capable of making difficult decisions, and willing to accept the responsibilities of administering your estate.

In Alberta, an executor is responsible for identifying and protecting estate assets, applying for probate when required, paying debts and taxes, keeping accurate financial records, and distributing the estate according to your will. Because these duties carry significant legal responsibilities, choosing the right person is one of the most important aspects of effective estate planning.

What Is an Executor?

An executor is the individual you appoint in your will to administer your estate after your death.

Under Alberta's Estate Administration Act, an executor is a type of personal representative, meaning they have a legal duty to administer the estate honestly, diligently, and in the best interests of the beneficiaries.

Their role is not simply to "read the will" or hand out inheritances. In reality, an executor often becomes responsible for managing virtually every aspect of the estate administration process, including communicating with beneficiaries, financial institutions, accountants, lawyers, government agencies, and, where necessary, the Court.

Depending on the complexity of your estate, serving as an executor may require hundreds of hours of work over the course of a year or longer.

What Does Alberta Law Say?

In Alberta, the duties and responsibilities of an executor are governed primarily by the:

• Wills and Succession Act 

• Estate Administration Act 

• Surrogate Rules 

• Trustee Act 

• Income Tax Act (Canada), where tax obligations are involved

An executor has a fiduciary duty, meaning they must always act honestly, in good faith, and in the best interests of the estate and its beneficiaries.

Among other responsibilities, an executor is generally expected to:

• locate the original will;

• arrange for the protection of estate assets;

• determine whether probate is required;

• identify and value estate assets and liabilities;

• notify beneficiaries;

• pay valid debts and administration expenses;

• file required tax returns;

• maintain detailed financial records;

• communicate appropriately with beneficiaries; and

• distribute the estate according to the terms of the will.

If an executor fails to carry out these responsibilities properly, they may, depending on the circumstances, be held personally liable for losses caused by a breach of their duties.

Fortunately, executors are not expected to possess all the necessary expertise themselves. They are generally entitled to retain lawyers, accountants, real estate professionals, appraisers, and other qualified advisors where appropriate, with reasonable professional fees typically paid by the estate.

How to Choose the Right Executor

Choosing an executor is not about selecting the person you love the most or the person who is first in the family. It is about selecting the individual who is most capable of carrying out your wishes and administering your estate responsibly.

An executor may be responsible for dealing with financial institutions, lawyers, accountants, government agencies, beneficiaries, creditors, real estate professionals, and the Court. They must often make difficult decisions while family members are grieving and emotions are running high.

Before appointing an executor, ask yourself one simple question:

"If I could no longer make decisions for myself, who would I trust to manage everything fairly, competently, and without becoming overwhelmed?"

The answer to that question is often a better guide than family tradition or birth order.

Qualities of a Good Executor

Trustworthiness

Perhaps the single most important quality is integrity.

An executor has access to the estate's assets and is responsible for acting in the best interests of all beneficiaries. They must be honest, transparent, and capable of making decisions fairly, even when those decisions may not be popular.

Fortunately, most executors take their responsibilities seriously. However, appointing someone you trust implicitly provides peace of mind that your wishes will be respected.

Organization

Estate administration involves a surprising amount of paperwork.

An executor may need to organize financial records, communicate with multiple institutions, keep receipts, prepare inventories of assets, respond to beneficiaries' questions, and work with accountants and lawyers over many months.

Someone who is naturally organized and detail-oriented will often find these responsibilities much easier to manage than someone who struggles with deadlines or paperwork.

Financial Responsibility

An executor does not need to be an accountant or financial advisor.

However, they should have a reasonable understanding of personal finances and be comfortable reviewing bank statements, investment accounts, invoices, and tax information.

More importantly, they should recognize when professional advice is needed rather than attempting to solve unfamiliar issues themselves.

Good Communication Skills

One of the most overlooked aspects of being an executor is communication.

Beneficiaries often have questions about the progress of the estate. They may be grieving, anxious, or simply unfamiliar with the process.

An executor who communicates openly, honestly, and respectfully can often prevent misunderstandings before they become disputes.

Poor communication, on the other hand, is one of the leading causes of beneficiary complaints during estate administration.

Ability to Remain Neutral

Family dynamics can become surprisingly complicated after someone dies.

An executor may find themselves caught between siblings who disagree, beneficiaries who are impatient, or relatives who believe they deserve more than the will provides.

The best executors are able to separate personal relationships from their legal responsibilities. They understand that their role is to follow the law and the terms of the will—not to take sides or attempt to satisfy everyone's expectations.

Willingness to Serve

Many people are surprised to learn that no one is obligated to act as an executor simply because they have been named in a will.

Being an executor can require a considerable investment of time and effort. Depending on the estate, the role may involve months of administrative work, meetings with professionals, preparing court documents, selling property, filing tax returns, and communicating regularly with beneficiaries.

For this reason, it is generally advisable to speak with the person you intend to appoint before signing your will.

A simple conversation allows them to understand what the role involves and gives them the opportunity to accept—or decline—the responsibility before it becomes necessary.

Should Your Spouse Be Your Executor?

For many married couples, appointing one another as executor is a practical and appropriate choice.

A surviving spouse is often already familiar with the family's finances, property, investments, and personal affairs. They usually understand the deceased's wishes better than anyone else and are well positioned to administer the estate.

However, this is not always the best option.

If your spouse is elderly, in poor health, uncomfortable managing financial matters, or likely to become overwhelmed by the responsibilities of estate administration, another trusted individual may be a better choice.

Many couples appoint one another as their primary executor while also naming one or two alternate executors in case the surviving spouse is unable or unwilling to act.

Should Your Executor Also Be a Beneficiary?

Yes. In fact, this is extremely common.

In Alberta, there is nothing preventing an executor from also being a beneficiary of the estate.

For example, a spouse who inherits the majority of the estate may also serve as executor. Likewise, an adult child may inherit alongside their siblings while administering the estate.

The law recognizes that executors frequently have a personal interest in the estate. What matters is that they continue to fulfil their fiduciary duties by treating all beneficiaries fairly and administering the estate in accordance with the will.

Should You Appoint More Than One Executor?

Many people assume appointing two or three executors is the safest approach because they can "share the work."

In reality, multiple executors can sometimes make estate administration more complicated.

Unless the will provides otherwise, co-executors generally must make decisions together. This means that routine matters such as signing legal documents, selling property, opening estate accounts, or responding to professional advisors may require agreement from everyone involved.

If the executors work well together, this arrangement can provide valuable checks and balances.

However, if communication breaks down or disagreements arise, even relatively simple decisions can become delayed.

Practical Example

David appoints his two adult daughters as co-executors because he wants to treat them equally.

After his death, the sisters disagree about whether to sell the family home immediately or wait until the spring market. They also disagree on which realtor to retain and whether certain personal belongings should be appraised before distribution.

What David believed would encourage cooperation instead results in months of delays and increasing legal costs as the sisters struggle to reach agreement.

This does not mean co-executors are a poor choice. Rather, it highlights the importance of appointing individuals who communicate well, respect one another's opinions, and are capable of working collaboratively.

In many situations, appointing a single capable executor with one or more alternate executors can simplify the administration process while still providing flexibility if circumstances change.

Should Your Executor Live in Alberta?

There is no legal requirement that your executor live in Alberta. Many Albertans appoint children or other trusted family members who live elsewhere in Canada—or even in another country.

However, distance can make estate administration more challenging.

An executor who lives outside Alberta may need to coordinate meetings remotely, arrange the sale of real estate from another province or country, sign documents before a notary, and travel to Alberta if issues arise that cannot easily be handled electronically.

Fortunately, many aspects of estate administration can now be completed remotely, and experienced Alberta estate lawyers can often assist an out-of-province executor with much of the process.

If your preferred executor lives elsewhere, this alone should not necessarily prevent you from appointing them. Instead, consider whether they are organized, responsive, and willing to devote the necessary time to administering your estate.

When Should You Consider Appointing a Professional Executor?

Not every executor needs to be a family member or close friend.

In some circumstances, appointing a professional executor—such as a trust company—or authorizing your executor to retain experienced legal and financial professionals may be the better choice.

A professional executor may be appropriate where:

• there is no suitable family member;

• family conflict is anticipated;

• the estate is particularly large or complex;

• the estate includes multiple businesses or corporations;

• significant tax planning will be required;

• beneficiaries live in several jurisdictions;

• there are vulnerable or minor beneficiaries;

• the estate contains ongoing trusts; or

• you wish to avoid placing the burden on family members.

Professional executors charge fees for their services, but they also bring experience, continuity, and impartiality. For some families, those benefits outweigh the additional cost.

Many people choose a hybrid approach by appointing a trusted family member as executor while encouraging them to retain lawyers, accountants, investment advisors, and other professionals when needed.

Who Should You Avoid Appointing?

While there is no "perfect" executor, there are situations where certain appointments deserve careful thought.

Someone Who Is Unwilling

An executor cannot be forced to act.

If the person you appoint has little interest in serving or has expressed reservations about taking on the role, it is usually better to choose someone else.

Having an honest conversation before signing your will can prevent complications later.

Someone Who Is Financially Irresponsible

An executor is entrusted with managing estate assets that may be worth hundreds of thousands—or even millions—of dollars.

Someone who struggles to manage their own finances or has demonstrated poor judgment with money may not be the best choice to manage someone else's estate.

Someone Who Creates Conflict

Some people are highly capable but have difficulty working with others.

If one child has a long history of conflict with their siblings, appointing them as executor may unintentionally increase family tensions after your death.

This does not necessarily mean they cannot perform the role effectively, but you should consider how the appointment is likely to be perceived by the other beneficiaries.

Sometimes appointing a neutral family member—or even a professional executor—can help preserve family relationships.

Someone Facing Serious Health Issues

Estate administration often takes a year or longer.

If your proposed executor is dealing with significant health challenges or advancing age, they may simply be unable to complete the administration.

This does not mean older individuals should never serve as executors. Many do an excellent job. However, it is wise to consider whether they are likely to remain capable throughout the administration.

Naming one or more alternate executors provides valuable flexibility if circumstances change.

Someone Who Is Overwhelmed by Their Own Commitments

Being an executor requires time.

A person who is balancing an extremely demanding career, raising young children, caring for aging parents, or dealing with significant personal responsibilities may struggle to devote the necessary attention to the estate.

Even highly capable people may not be the right choice if they simply do not have the time.

Should You Appoint Alternate Executors?

Yes.

One of the most common mistakes people make is naming only one executor.

Life changes. The person you appoint today may:

• die before you;

• lose capacity;

• move overseas;

• become seriously ill;

• simply decide they no longer wish to act.

If your will names one or more alternate executors, they can generally step into the role without requiring additional court proceedings to determine who should administer your estate.

For many people, appointing a primary executor together with one or two alternates is one of the simplest ways to strengthen their estate plan.

Practical Examples

Example 1: Choosing the Oldest Child

Margaret has three adult children. Without much thought, she names her oldest son as executor because he is the eldest.

After Margaret's death, it becomes clear that although her son is kind and well-intentioned, he dislikes paperwork, struggles to meet deadlines, and has little interest in financial matters. Months pass before bank accounts are closed, tax information is gathered, and the probate application is completed. His sisters become increasingly frustrated by the delays, creating unnecessary tension within the family.

Had Margaret considered each child's skills rather than simply following tradition, she may have selected a different executor or appointed one of her daughters to act jointly with her son.

Example 2: Choosing the Most Organized Person

Paul has two children. His daughter is a successful project manager who is highly organized and communicates well with the entire family. His son travels extensively for work and admits that administrative tasks are not his strength.

Although Paul loves both children equally, he appoints his daughter as executor while naming his son as the alternate executor.

After Paul's death, the administration proceeds smoothly. His daughter works closely with the family's lawyer and accountant, provides regular updates to her brother, and distributes the estate efficiently with very little conflict.

Paul's decision was based on ability rather than sentiment, making the administration significantly easier for everyone involved.

How Bridgestone Law Can Help

At Bridgestone Law, we believe that preparing a will is about more than deciding who inherits your assets. It is about creating a plan that provides clarity, protects your loved ones, and makes estate administration as straightforward as possible.

Choosing the right executor is a key part of that plan. We take the time to understand your family, your financial circumstances, and your long-term goals so we can help you select an executor who is well suited to the responsibilities the role requires.

Whether you are preparing your first will, updating an existing estate plan, or simply wondering whether your current executor is still the right choice, our experienced estate planning lawyers can provide practical advice tailored to your circumstances.

Bridgestone Law proudly assists individuals and families throughout Calgary and Alberta with wills, estate planning, probate, and estate administration. We are committed to helping our clients make informed decisions that provide confidence today and peace of mind for the future.