What to Do When an Executor Is Not Doing Their Job in Alberta

Many beneficiaries find that months pass with little news. The executor does not return calls, the estate account sits untouched, and no one explains what is happening. It is hard to tell whether this is ordinary slowness or a real failure.

This article sets out a practical order of steps in Alberta, starting with a calm written request and moving toward an accounting and, if needed, the Court of King's Bench.

This article covers the law of Alberta.

What an executor is actually required to do

Under the Estate Administration Act, a personal representative must act honestly and in good faith, in line with the will, and with the care, diligence and skill of a person of ordinary prudence. The core tasks are to identify assets and liabilities, manage the estate, satisfy its debts and obligations, and distribute and account for the administration.

Examples in the Act's Schedule include tax filings, investing estate property and preparing financial statements. A representative acting without a grant must also give notice of their appointment to beneficiaries, family members, a spouse or adult interdependent partner, the Public Trustee and others.

Slow versus failing

Estates take time. Distribution is required to happen as soon as practicable, and the Act sets no fixed deadline. Some delay is proper, because the representative must deal with claims against the estate first. Silence and refusal to explain are different from a slow but active administration.

• The executor is acting without a grant and never gave you notice of their appointment, which the Act requires in that situation.
• You see no sign of progress on the core tasks, such as identifying assets and liabilities or paying the estate's debts.
• Two years have passed since the date of death and no accounting has been given, and the court has not set a longer period.
• The executor has stopped responding altogether.

Step 1: Ask in writing

Alberta's government guidance says that if you think a personal representative is not complying with their duties, you should first try to resolve it by discussion. A short, polite letter or email is usually the best start. Say who you are, what you want to know and a reasonable date for a reply. Keep a copy.

If a co-executor is the problem, remember that two or more representatives must act unanimously unless the will directs otherwise or the Court orders otherwise. Raise this with the others in writing.

Step 2: Ask for an accounting

Unless the court orders a different period, a personal representative must account for the administration every 2 years after the date of death. The court may require an accounting, or a person interested in the estate may apply for one, at any time.

A person interested in the estate can apply for a formal passing of accounts by filing Forms ACC 6 and ACC 7 and serving the representative. The representative files a reply in Form ACC 8 at least 10 days before the hearing and may provide an accounting, object or consent. Beneficiaries who have signed a release are not served when the representative applies to pass accounts themselves. Check current forms and timelines with a lawyer, because procedures can change.

Step 3: Apply to the Court

If discussion fails, you or your lawyer may apply to the Court of King's Bench. If the Court is satisfied that the representative has refused or failed to give notice or to perform a duty or core task, it may order them to do so, impose conditions, remove them, revoke a grant, or make any other order it considers appropriate. A lesser remedy than removal is possible.

Surrogate case conferences are available once a Form C1 or statement of claim has been filed. Removal of a representative and passing of accounts can be addressed in a half-day case conference, which requires all parties' consent. The Public Trustee does not get involved in private disputes about how an estate is administered.

What to do next

• Make a dated list of contacts and responses.
• Send a written request and set a reasonable reply date.
• Work out the date of death and whether 2 years have passed.
• Find out whether a grant has issued and who holds it.
• Speak to a lawyer before filing anything with the Court.

Frequently asked questions