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Wills & Estates

Can executor fees be paid out of the estate in Saskatchewan?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

This answer covers the law of Saskatchewan.

Yes, an executor's costs can be paid from the estate, but how much an executor may be paid for their time is something to confirm carefully rather than assume. Costs of administration, including executor fees, rank third in the order of payment when an insolvent estate cannot cover all its debts.

Out-of-pocket expenses are a separate matter. An executor's disbursements and out-of-pocket expenses are paid by the estate, and the court can review them. Keep receipts for everything you spend, and a record of your time. If the estate is insolvent, the province recommends consulting a lawyer and, if needed, applying to the court for directions.

How much you may be paid for your time depends on your situation, so it is worth confirming with a lawyer before you take anything. Payment for acting may have tax consequences for you, so check with an accountant. Executors can be held personally liable if they distribute assets before getting a CRA clearance certificate and tax is still owing, so get advice before paying yourself or anyone else. It is worth confirming the rules for your estate.

Key takeaways

  • Costs of administration, including executor fees, rank third in the order of payment when an estate is insolvent.
  • Your disbursements and out-of-pocket expenses are paid by the estate, and the court can review them.
  • Keep receipts and a record of your time, and ask an accountant how any payment to you is taxed.
  • Distributing assets before the CRA clearance certificate can leave you personally liable if tax is still owing.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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