How do I force an executor to distribute the estate in Alberta?
This answer covers the law of Alberta.
Alberta law does not give an executor a fixed deadline to distribute an estate. The standard is that the personal representative must distribute "as soon as practicable". The Act sets no fixed deadline, so whether a delay is acceptable depends on the facts, and the reasons below may explain a wait.
Some delay is proper. The executor must first complete the notice steps for claimants, and is not liable for claims they had no notice of when they distributed, though claimants can still pursue the recipients. If the executor contests a claim and the claimant does not apply within 2 months of notice of the contest, the claim is barred. A family maintenance and support application must be started within 6 months after the grant is issued, so a cautious executor may wait before final distributions.
Start by raising it with the executor, since Alberta's guidance is to try discussion first. If that fails, you or your lawyer may apply to the Court of King's Bench, which can order the executor to perform a duty, impose conditions or remove them. You can also apply for an accounting at any time if you are a person interested in the estate. A lawyer can confirm which step fits your situation.
Key takeaways
- The Estate Administration Act sets no fixed distribution deadline, only that the executor must distribute as soon as practicable.
- An executor may properly wait while claimant notice steps are finished or while the 6-month family maintenance window after the grant runs.
- A person interested in the estate can apply for an accounting at any time, and an accounting is generally due every 2 years after the date of death unless the court orders otherwise.
- The Court of King's Bench can order an executor to perform a duty, impose conditions or remove them, but removal is not the automatic result.