- The person who holds the grant must file an inventory and statements of what came in, what went out and what is outstanding within 1 year after the grant issues.
- Beneficiaries, creditors or sureties can seek an order requiring an inventory and sworn account, on ten clear days' notice.
- If an executor will not do the job, any interested person may apply to the court to remove them.
You are named in a will, or entitled to a share of an estate, and months have passed without a word from the executor. You do not know what the estate holds, what has been paid out, or when you might receive anything. That silence is stressful, and it is a common complaint.
The law gives beneficiaries real tools. This article explains what an executor is expected to file, how a beneficiary can ask the Supreme Court of Newfoundland and Labrador to require an accounting, and what practical steps usually come first.
This article covers the law of Newfoundland and Labrador.
What the executor must file without being asked
Once a grant has issued, the holder of the grant has a filing duty. Within 1 year after the grant issues, they must file a set of documents in the registry. The year runs from the grant, so it does not start until the court has issued one.
- An inventory and valuation of the estate.
- A statement of the estate received.
- A statement of disbursements, including funeral expenses, debts and estate costs.
- A statement of the estate that is still outstanding.
If the year has passed and nothing has been filed, that is a concrete point you can raise with the executor or put before the court.
How a beneficiary can compel an accounting
Beneficiaries, creditors or sureties can seek an order requiring the executor to produce an inventory and a sworn account. This is done on ten clear days' notice under Rule 56.28(3) of the Rules of the Supreme Court.
When accounts are passed, they must be accompanied by an inventory and a sworn statement (Rule 56.25(1)), and they are referred to a Master on an ex parte application (Rule 56.26). A judge may dispense with accounting if it is unnecessary (Rule 56.28(1)). So the court does not automatically order a full accounting every time; it looks at whether one is needed.
Other steps open to you
| Situation | Possible step |
|---|---|
| No documents filed and no information given | Seek an order for an inventory and sworn account on ten clear days' notice. |
| Executor is not performing the role | Apply to the court to remove the executor; any interested person may do so. |
| Executor is unsure what to do | The executor may apply to the court for directions. |
| Executor wants out of the role | A person who renounces probate stops acting as executor. |
Removal is a serious step, and the court decides it on the facts. A lawyer can help you judge whether the problem is slow administration or something that calls for an application.
What an accounting can and cannot tell you
A proper account should let you see what the estate received and what was paid out for funeral costs, debts and estate expenses. It may also show whether the executor claimed compensation. Beyond actual expenses, the court may allow remuneration, and the total may not exceed 1/20 of the realized value of the assets. If the will sets out compensation, that generally replaces the statutory approach.
Delay in paying you is not always a sign of wrongdoing. The executor must notify known creditors before distributing. An executor who invests estate money must use the care, diligence and skill of a reasonably prudent person. An executor who acts in good faith in compromising claims carries no liability for doing so. An accounting helps you see whether those standards were met.
What to do next
- Write to the executor politely, asking for a list of assets, debts paid and the date the grant issued.
- Keep copies of all letters, emails and replies.
- Ask the Supreme Court registry whether a grant has been issued and whether the filings described above are on file.
- Note the date of the grant so you can tell whether the 1-year filing period has passed.
- Talk to a lawyer before applying for an order or for removal, so you understand the notice requirements and the likely costs and benefits.
Frequently asked questions
Can I get a copy of the will?
Where a will has been probated, it is filed with the petition. Ask the executor first, and if you cannot get a copy, ask a lawyer how to obtain one from the court.
How long does the executor have to account?
Within 1 year after the grant issues, the holder must file an inventory and valuation and statements of estate received, disbursements and estate outstanding. If that period has passed without filings, you can raise it with the executor or seek a court order.
Can I force an accounting if I am only a beneficiary?
Yes. Beneficiaries, creditors and sureties may seek an order requiring an inventory and sworn account on ten clear days' notice. A judge may still dispense with an accounting if it is unnecessary.
Can the executor be removed?
On application by an interested person, the court may remove an executor or administrator. Whether removal is justified depends on the facts, so it is worth getting legal advice first.
Sources
- Supreme Court of Newfoundland and Labrador – Probate and Administration — court.nl.ca
- Judicature Act, RSNL1990 c J-4 — assembly.nl.ca
- Trustee Act, RSNL1990 c T-10 — assembly.nl.ca
- Rules of the Supreme Court, 1986 – Rule 56 — assembly.nl.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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