What Happens If an Executor Dies or Becomes Incapable in Alberta?

This answer covers the law of Alberta.

The answer depends on when the executor died or became unable to act, and whether a grant has already been issued. If the named personal representative dies before, at, or uncertainly relative to the testator, a substitute named in the will takes over. A named personal representative who dies after the testator but before obtaining a grant loses authority.

If the named person cannot or will not act, those entitled to administer may nominate a replacement using Form GA13. A named person who does not wish to apply can renounce in Form GA11 or by a method approved by the court. Otherwise, with a will, priority for a grant runs from the named personal representative down to the Crown, and residents are preferred among equals.

Form GA1 lists administration with will annexed as a grant type, and an application for it is treated as an application for a grant of administration of unadministered property. If one of several co-representatives dies, authority vests in the surviving ones. If a representative fails to perform duties, the court may, on application, remove them or revoke a grant. Which route fits depends on the will and the timing, so a lawyer can confirm.