How long does an executor have to settle an estate in Saskatchewan?
This answer covers the law of Saskatchewan.
How long you have depends on the estate, but there are fixed steps and dates along the way. The Court of King's Bench says the average estate takes about a year. Executors must account to beneficiaries within 2 years, or pass accounts at the court house if disputed.
Some delays are built in. Distribution may be delayed six months after Letters are obtained where a dependant may claim under The Dependants' Relief Act, 1996 or a spouse may apply for division of family property. Final distribution cannot happen until the CRA clearance certificate is received. That certificate can be requested only after returns are filed, notices of assessment received and tax paid, and assessment can take up to 120 days.
Executors who distribute before getting the clearance certificate can be held personally liable up to the value of the assets distributed if tax is still owing. If beneficiaries are pressing you, explain these steps and keep them informed. Whether any other time limit or remedy applies to your estate is worth confirming with a lawyer.
Key takeaways
- The Court of King's Bench says the average estate takes about a year.
- Distribution may be delayed six months after Letters where a dependant or spouse may make a claim.
- Final distribution cannot happen until the CRA clearance certificate is received, and assessment can take up to 120 days.
- Account to beneficiaries within 2 years, or pass accounts at the court house if they are disputed.