How Often Must an Alberta Executor Give Beneficiaries Estate Accounts?

If you are a beneficiary, waiting for an estate to be settled can feel like being left in the dark. You may wonder what the executor has collected, what has been paid out, and when you are entitled to see it.

In Alberta, the executor (the law calls this person the personal representative) has a duty to account to beneficiaries as the estate is administered. This guide explains the routine accounting only: how often it happens, what it contains, and what you can do if it does not.

This article covers the law of Alberta.

The duty to account

A personal representative's core tasks include identifying assets and liabilities, administering the estate, satisfying debts, and distributing and accounting for the estate. The Estate Administration Act also requires the representative to comply with the Rules regarding accounting for the administration of the estate.

The representative must also act honestly and in good faith and in accordance with the will, and must distribute the estate as soon as practicable. Accounting is part of showing that this has been done.

How often accounts are due

Under the Surrogate Rules, a personal representative must account at regular intervals. That means preparing financial statements of property and money received, property distributed and money paid out, and giving them to the beneficiaries.

Unless the court orders a longer or shorter period, the accounting is due every 2 years after the date of death. The court can set a different period, so it is worth asking whether an order changed the usual schedule.

• Property and money received by the estate.
• Property distributed to beneficiaries.
• Money paid out by the estate.

Asking for an accounting sooner, and specific gifts

You do not always have to wait for the regular interval. A person interested in the estate may apply to the court for an order requiring the personal representative to account at any time.

There is a limit if you were left only a specific gift, such as a particular item or sum. A beneficiary of only a specific gift is entitled to an accounting only for that gift, and a beneficiary who has already received that gift cannot apply for an accounting order under that rule.

Compensation and releases

Personal representatives may receive fair and reasonable compensation. When an accounting shows compensation, the representative must give the beneficiary a copy of the compensation Part of Schedule 1 of the Surrogate Rules.

When accounts are presented to the residuary beneficiaries, the personal representative may ask for releases in Form ACC 12. Releases need not be filed.

A release is a document you sign, so read the accounts first. If something does not make sense, ask questions or get legal advice before signing.

If the executor does not account: what to do next

If a personal representative fails to give a required notice or perform a duty, the Court may order compliance, impose conditions, remove the representative, or revoke the grant.

• Check how long it has been since the date of death and whether a court order set a different accounting period.
• Write to the executor and politely ask for the financial statements.
• Keep copies of statements, letters and any compensation information you receive.
• Review the statements for money received, property distributed and money paid out.
• Do not sign a release until you understand the accounts.
• If the executor does not respond, speak with a lawyer about applying to the court.

Frequently asked questions