Wills & Estates Wizard

How Do I Organize an Estate Administration as Executor?

For executors and administrators: audit what's done, what's missing, and what puts you at personal risk — and get a master file system that survives scrutiny.

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The Master Administration File: Five Records Every Executor Needs

Every well-run estate administration in Canada or the United States rests on one master file with five components: (1) an asset inventory listing every asset and debt at its date-of-death value with the document that proves it; (2) an estate ledger recording every dollar into and out of the estate bank account, with receipts; (3) a correspondence log noting every call and letter to banks, government agencies, and beneficiaries with dates and reference numbers; (4) a tax file holding the deceased's final return, estate returns, and agency correspondence; and (5) a beneficiary communications file preserving every status update sent.

This structure is not bureaucratic overkill — it is legal self-defense. In Canada, any beneficiary can compel a formal 'passing of accounts' where a court reviews the executor's records line by line; in the US, probate courts in many states require a formal inventory and accounting before the estate closes. Executors who kept contemporaneous records sail through; executors reconstructing eighteen months of transactions from memory pay lawyers to do it and often lose part of their compensation claim. Contemporaneous time records also matter: executor compensation (commonly benchmarked around 2.5% of receipts and disbursements in Ontario, or set by statutory fee schedules in states like California and New York) is far easier to justify with a time log.

Notifications and the Estate Bank Account

Notification is a first-90-days job with a distinct checklist per institution type. Financial institutions: send the death certificate, request written date-of-death balances (needed for the inventory and probate fees), and freeze automatic payments. Government: in Canada, notify Service Canada (CPP/OAS stop, and a CPP death benefit of up to $2,500 may be claimable) and the CRA; in the US, notify the Social Security Administration — benefits paid for the month of death or later must be returned — and the IRS. Land registry: confirm how title is held; jointly held property may pass by survivorship outside the estate. Utilities, insurers, and subscriptions: redirect or cancel, and critically, tell the home insurer if a property is now vacant — standard policies restrict or void coverage after roughly 30 days of vacancy.

The estate bank account is the administration's financial spine. It is opened in the name of 'The Estate of [the deceased]' — banks typically require the death certificate, the will, and the probate grant (US banks also require the estate's EIN from the IRS). Every estate receipt is deposited there and every estate expense paid from it; nothing runs through the executor's personal account. Commingling funds is the most common rookie executor error and the fastest route to personal liability, beneficiary suspicion, and a forced passing of accounts.

Distribution Done Right: Clearances, Accounts, and Releases

Distribution is where executors get personally burned, because an executor who distributes before liabilities are settled can be personally liable for the shortfall. In Canada, the key protection is the CRA clearance certificate: distributing without one leaves the executor personally liable for the deceased's unpaid taxes up to the value distributed. In the US, the federal claims priority statute (31 U.S.C. § 3713) makes a personal representative who pays other claims before federal taxes personally liable, and each state imposes creditor-claim notice periods — often three to six months after published notice — before distribution is safe.

The safe closing sequence is: quantify and pay debts and taxes, prepare final accounts showing every transaction from death to distribution, present the accounts to beneficiaries, and obtain a signed release and indemnity from each beneficiary before the final cheques go out. If any beneficiary refuses to sign, the executor's remedy is a formal passing of accounts (court accounting), where a judge approves the administration and compensation. Interim distributions are workable mid-administration, but only with a documented holdback sized to cover taxes and contingencies. A straightforward estate typically closes within the informal 'executor's year' to eighteen months; real estate sales, business interests, foreign assets, or disputes extend that considerably.

Frequently Asked Questions

What should an executor do first after a death?
First secure the essentials: locate the original will, order 8–10 certified death certificates, secure and insure any vacant property (standard policies restrict coverage after about 30 days of vacancy), and safeguard valuables. Then notify financial institutions and government agencies, open an estate bank account, and start the asset inventory. Funeral arrangements and immediate bills can be paid from estate funds as first-priority expenses.
Do I need a separate estate bank account?
Yes, in practice always. Every estate receipt and expense should flow through one account opened as 'The Estate of [deceased]' — banks require the death certificate, will, and probate grant (plus an EIN in the US). Running estate money through a personal account is the fastest way to create personal liability and trigger a court-supervised accounting.
Which institutions must be notified when someone dies?
Banks and investment firms (request written date-of-death balances), the tax agency (CRA in Canada, IRS in the US), government benefits (Service Canada for CPP/OAS; the Social Security Administration in the US — payments after the month of death must be returned), the land registry for real estate, insurers, the employer or pension plan, and utilities and subscription services.
What records do I need to keep as executor?
Five sets: an asset inventory with date-of-death values, a ledger of every estate transaction with receipts, a correspondence log of every institutional contact, a tax file, and copies of all beneficiary communications. Any beneficiary can force a court passing of accounts, and these contemporaneous records are what get an executor's administration — and compensation — approved.
When can I distribute money to beneficiaries?
Only after debts and taxes are dealt with. In Canada, distribute after the CRA clearance certificate (or hold back enough to cover taxes if making an interim distribution); in the US, wait out the state creditor-claim period and settle federal taxes first, since paying beneficiaries ahead of the IRS creates personal liability. Always obtain signed releases from beneficiaries before the final distribution.
What is a passing of accounts?
A passing of accounts is a court review of the executor's financial records — every receipt, disbursement, and the compensation claimed. It can be demanded by beneficiaries or initiated by the executor to obtain court approval. Executors with a clean ledger and receipts pass easily; those with reconstructed or missing records face cost awards and reduced compensation.
How long does estate administration take?
A straightforward estate typically takes 12–18 months — the informal 'executor's year' is the common benchmark. Probate grants alone often take 2–6 months depending on court backlogs. Real estate sales, business interests, foreign assets, tax complications, or beneficiary disputes routinely push administration past two years.
Can an executor be paid for the work?
Yes. Executor compensation is either set by the will, agreed with beneficiaries, or fixed by law — commonly benchmarked around 2.5% of receipts and disbursements in Ontario, and by statutory fee schedules in US states like California and New York. Keep contemporaneous time records; compensation claims without them are routinely challenged and reduced.

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This organizer provides general information about estate administration in Canada and the United States — not legal, tax, or accounting advice. Probate procedures, tax deadlines, creditor-claim periods, and executor compensation rules vary by province and state. Executors act under personal liability; consult a qualified estates lawyer and accountant in the deceased's jurisdiction before paying debts, filing returns, or distributing assets.

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