How Long Does an Executor Have to Settle an Estate in Alberta?
This answer covers the law of Alberta.
Alberta law does not give an executor one fixed deadline to finish settling an estate. The personal representative must distribute the estate as soon as practicable, while acting honestly, in good faith and with ordinary prudence. The one-year period people often mention is custom rather than a set legal deadline.
Unless the court orders otherwise, an accounting is due every 2 years after the date of death or the end of the last accounting period. After a grant issues, the applicant must serve a notice of grant within 30 days. A claimant must notify the personal representative within 1 month after the last creditor notice is published, though a late claimant may proceed only with the court's prior consent.
A person interested in the estate can apply for an order requiring an accounting at any time. A beneficiary of only a specific gift is entitled to an accounting limited to that gift, but cannot seek an accounting order if they already received it. If a personal representative fails to give required notice or perform duties, the court may, on application, order compliance or remove them. How long a particular estate takes depends on its assets, debts and any disputes.
Key takeaways
- There is no single fixed deadline to settle an estate, but the personal representative must distribute as soon as practicable.
- Unless the court orders otherwise, an accounting is due every 2 years after the date of death or the end of the last accounting period.
- A person interested in the estate can apply for an order requiring an accounting at any time.
- If a personal representative fails to give required notice or perform duties, the court may order compliance or remove them.