What to Do If a Saskatchewan Executor Is Delaying the Estate

You have been waiting for your inheritance, and the executor is vague or silent. It is hard to tell whether the estate is moving slowly for good reasons or being neglected.

This article explains what a typical timeline looks like in Saskatchewan, how to ask for an update in a way that gets answers, and which court steps may be available if nothing changes.

This article covers the law of Saskatchewan.

What is a normal timeline?

The Court of King's Bench says the average estate takes about a year. That is an average, so simple estates may finish sooner and complicated ones take longer.

The executor has a long list of tasks. These include finding the will, notifying agencies, securing and valuing assets, applying for Letters if required, publishing a Notice to Creditors, filing returns and paying debts before accounting to beneficiaries within two years.

Whether the executor needs a court grant at all can also affect the pace. An executor named in a will applies to the Court of King's Bench for Letters Probate. The only asset that absolutely requires probate is an interest in land registered solely in the deceased's name, and for other assets the bank or other institution decides whether it needs Letters. Letters may also not be required where the estate is $25,000 or less and includes no real property.

Reasons for delay that are not neglect

• 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 occur until the CRA clearance certificate is received, and assessment can take up to 120 days.
• A clearance certificate is requested only after returns are filed, notices of assessment are received and tax is paid.
• A Notice to Creditors (Form 16-48) should be published under section 32 of The Administration of Estates Act once a week for two consecutive weeks in a newspaper nearest the deceased's last residence.
• Debts of the deceased must be paid before any gifts in the will go to beneficiaries.
• If beneficiaries cannot be found, an heir locator may be hired, and if that fails the executor must apply to court for directions.

An executor who distributes early can be held personally liable for unpaid tax up to the value of what was distributed. A cautious executor may therefore wait on purpose.

The final income tax return has its own timing. For a death between January 1 and October 31, it is due April 30 of the following year; for a death between November 1 and December 31, it is due six months after death. If the deceased or their spouse ran a business and the death was between January 1 and December 15, the filing date may be June 15 of the following year, but payment is still due on the regular date.

How to ask for an update

Start with a polite written request. Ask where things stand and what remains to be done. Questions that tend to produce useful answers are listed below.

• Has a grant of probate or administration been issued, and when?
• Has a Notice to Creditors been published?
• Have the final tax return and any T3 estate return been filed? A T3 return is due 90 days after the estate's year-end.
• Has a CRA clearance certificate been requested?
• When can you expect an accounting and a distribution?

Keep copies of everything. If you get no answer, send a second written request with a reasonable date for a reply.

If you are not sure whether the executor has applied to court, the Wills and Estates Registry in Regina can search for a $20 fee. The search lists estate applications filed in Saskatchewan courts since 1905, allow 1 to 2 weeks, and it only lists estates that went through court.

Court steps that may move things forward

The executor must account to beneficiaries within two years, or pass accounts at the court house if they are disputed. The province also lists beneficiary releases or a court order passing the accounts and distributing the estate as ways to finish.

Where debts exceed funds or beneficiaries cannot be found, the executor can apply to court for directions. If the executor is not acting at all, the grant may be a different one: when a named executor cannot or will not act, Letters of Administration with Will Annexed apply. Which option fits depends on the facts, and a lawyer can confirm.

What to do next

• Put your request in writing and set a reasonable reply date.
• Note the date of the grant and the date of death, since timelines run from them.
• Be aware of deadlines on any claim you may have, such as a spouse's family property application, which may not be started more than six months after the grant; a spouse who signed a valid waiver cannot apply.
• If there is still no progress, speak with a lawyer about the court options.

Frequently asked questions