Introduction to Being an Executor

First Steps After Death

Understanding the Will and Probate Process

Identifying and Protecting Estate Assets

Handling Estate Liabilities and Debts

Taxes and the Estate

Distributing the Estate to Beneficiaries

Executor Compensation and Duties

Working with Professionals

Special Considerations for Complex Estates

Common Pitfalls and How to Avoid Them

Legal Challenges and Litigation Risks

Finalizing the Estate

Executor Resources

Heritage Trust

Executor Compensation and Duties

Serving as an executor is often a time-consuming and demanding responsibility, requiring organization, diligence, and sound judgment. In recognition of this, executors are generally entitled to fair compensation for their work, unless the will provides otherwise. For example, some wills offer a specific bequest in lieu of fees, or appoint a family member with the expectation that they will waive compensation.

In this section, we will explore how executor compensation is determined in Canada, including:

  • Typical fee guidelines
  • Province-specific rules and court discretion
  • How to address and resolve compensation disputes

We will also revisit the core fiduciary duties of an executor, such as the duty of care, duty of loyalty, and the duty to maintain accurate records, which must be upheld throughout the administration process and, in some respects, even after the estate is closed (e.g., through proper record retention).

Lastly, we’ll clarify the difference between executor compensation and reimbursement of out-of-pocket expenses, and how both should be properly claimed and documented.

Understanding Executor Compensation

Getting Executor Compensation Approved

Reimbursement of Expenses

Ongoing and Final Duties of the Executor

Executors are entitled to reasonable compensation for their time and effort - but with that entitlement comes the responsibility to administer the estate with diligence, transparency, and loyalty. When you approach the role with care and integrity, securing approval for your compensation and bringing the estate to a proper close will typically proceed smoothly and without conflict.