Executor Won't Share Estate Information? Your Options in Alberta

Waiting weeks or months without hearing anything from the executor is stressful, especially when you do not know what the estate owns, what has been paid out or when you might receive your share.

Alberta has rules on notice and accounting that give beneficiaries a route forward. This article explains the main ones, how to ask for information, and when a court application may be the next step. It is general information, not advice on your particular estate.

This article covers the law of Alberta.

Who is a personal representative, and who counts as interested?

In Alberta, a personal representative is an executor, an administrator or a judicial trustee of the estate of a deceased person. The Surrogate Rules also treat a person named as executor in a will as a personal representative before a grant issues.

The Surrogate Rules list who is a person interested in an estate. That includes residuary beneficiaries, specific beneficiaries who have not yet received their entitlement, life tenants and heirs on an intestacy. Whether you fall in one of those groups affects the tools open to you.

What the executor must do for you

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. Their core tasks include identifying the estate's assets and liabilities, administering the estate, satisfying its debts and distributing and accounting for the administration.

If the representative is acting without a grant, they must give notice of their appointment to beneficiaries and others. The notice to a beneficiary must identify the deceased, give the representative's contact information, describe the gift and state that gifts are subject to prior payment of debts.

A representative must also comply with the Rules regarding accounting. Unless the court orders a different period, they must give an accounting every 2 years after the date of death, and a person interested in the estate may apply for an accounting at any time. Exactly which documents you can demand informally depends on the facts, and a lawyer can confirm that for your situation.

Steps to take before going to court

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 calm, written request is usually the best first move.

• Write to the executor, say who you are and your connection to the estate, and list what you want: a copy of the will, an asset and debt list, and an update on timing.
• Set a reasonable date for a reply and keep a copy of your letter.
• Keep a record of every call, email and response.
• Ask whether an accounting has been prepared and when the next one is due.
• Get legal advice if the executor still does not respond.

The Public Trustee does not get involved in private disputes about how an estate is being administered, and the government page directs people with concerns about a representative's conduct to a lawyer.

Forcing an accounting or applying to court

If informal requests fail, 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 personal representative. You are the applicant and the representative is the respondent. The representative files a reply in Form ACC 8 at least 10 days before the hearing and may provide an accounting, object or consent.

You can also apply to the Court of King's Bench. If the Court is satisfied that a representative has refused or failed to give a required notice or to perform a duty or core task, it may order them to do it, impose conditions, remove them, revoke a grant or make any other order it considers appropriate. Removal is an option, not an automatic result.

The Court of King's Bench offers surrogate case conferences once a Form C1 or statement of claim has been filed. Removal of a personal representative and passing of accounts can be addressed in a half-day case conference, which requires all parties' consent.

What to do next

• Gather the will, any notice you received and your correspondence with the executor.
• Send a clear written request and allow a reasonable time to answer.
• Note whether the estate involves minors or adults who are represented, since the Public Trustee or another representative may need to be served and the process differs.
• Speak with a lawyer before filing, so you know which application fits and what it may cost you.

Frequently asked questions