- A release in Form ACC 12 confirms you are satisfied with the accounting, the representative's compensation and the proposed distribution.
- Once you sign, you no longer need to be served on an informal passing of accounts.
- If you do not sign, you can ask the court for an accounting, object using Form ACC 3, or start a formal passing yourself.
If you are a residuary beneficiary, the personal representative may ask you to sign a release confirming you are satisfied with the accounting, the compensation and the proposed distribution. It can feel like a formality, but it is a document that records your approval of how the estate was handled.
This article explains what the release in Alberta means, what you should see before you sign, what signing changes, and what options you have if you are not ready to sign. It is general information, not advice on your situation.
This article covers the law of Alberta.
What the release actually says
Under the Surrogate Rules, a personal representative may ask residuary beneficiaries to sign a release in Form ACC 12. By signing, you confirm that you are satisfied with the accounting, the representative's compensation and the proposed distribution.
Releases do not have to be filed with the court, and they do not cancel a bond. A residuary beneficiary generally means someone who receives what is left after specific gifts and debts. Form numbers can change, so check the current Government of Alberta forms page before relying on any form.
What you should receive before signing
The representative must give an accounting at regular intervals by preparing financial statements of property and money received, property distributed and money paid out, and giving them to the beneficiaries. The financial statements must include these items:
- An inventory at the beginning and end of the period
- Statements of receipts and distributions, noting capital or income
- Expenses
- A reconciliation
- A distribution schedule
- A proposed compensation schedule
The court may ask for more particulars, and the statements may be combined or separate and in any format. Where the will or trust requires it, capital and income must be kept separate.
Ownership of estate property is shown by documents such as certificates, bank or dealer letters, company letters and statements of account, and for land a current certified copy of the certificate of title. If something you expected is missing, ask for it before you sign.
What signing changes
A representative can apply to dispense with a formal passing and pass the accounts informally by filing Forms ACC 10 and ACC 11 and the financial statements, then serving copies on interested persons who have not given releases. A beneficiary who has signed a release need not be served.
The informal application may proceed without notice to others if no objection is filed or all residuary beneficiaries have released. The court must still be satisfied with the documentation. A signed release means you would not be served with copies of the application. How a release affects your other rights depends on your situation, so read the statements carefully and confirm with a lawyer before signing.
Compensation and early payment
Personal representatives may receive fair and reasonable compensation. The Schedule sets no percentage, and the factors include the estate's gross value, the complexity of the work, time spent and the number of representatives named in the will.
- Early payment: compensation may be paid before the administration is complete only if the will provides for it, all affected beneficiaries agree, or the court orders it.
- Fixed by the will: if the will fixes the compensation, no greater amount can be charged or allowed unless the affected beneficiaries agree or the court orders otherwise.
- Repayment: if the court later reduces compensation already paid, the representative must immediately repay the disallowed amount to the estate, with interest set by the court.
- Agents: if a lawyer or other agent performs some of the representative's duties, the representative's compensation must be reduced commensurately.
Signing a release that approves a compensation schedule may count as agreeing to it, so check the figures against these rules.
If you decide not to sign
You are not left without options. Depending on your situation, these routes may be open:
| Option | What it involves |
|---|---|
| Ask for an accounting order | The court may require, and an interested person may apply for, an order that the representative account at any time. |
| Object to an informal passing | Any interested person may object with Form ACC 3, which leads to a hearing under the formal passing rules. |
| Start a formal passing | An interested person may file Forms ACC 6 and ACC 7 and serve notice one month ahead of the hearing. |
If you object, you must give particulars and identify each objected entry by number, and serve Form ACC 3 10 days or more before the hearing. A person who neither appears nor files an objection is deemed to consent.
If you receive only a specific gift, your rights are narrower. You may obtain an accounting only for that gift, and if you have already received it you cannot apply for an accounting order under r. 97(3).
What to do next
- Ask for the full financial statements and a proposed distribution schedule in writing.
- Compare the statements with the ownership documents and ask about anything unclear.
- Check the proposed compensation against the will and the factors above.
- Do not sign until your questions are answered, and note any deadlines in a hearing notice.
- Speak with a lawyer if the numbers do not add up or you are unsure what you are giving up.
Frequently asked questions
Do I have to sign a release in Alberta?
Nothing in the rules covered here makes signing compulsory. The representative may ask for a release, and if you do not sign you can still seek an accounting, object or start a formal passing.
Does a release get filed with the court?
No. Releases need not be filed, and they do not cancel a bond. The representative may still rely on them when applying to pass accounts informally.
Can the court still review the accounts if everyone signs?
Yes, in the sense that the court must still be satisfied with the documentation, even when all residuary beneficiaries have released.
Can the executor be paid before the estate is finished?
Only if the will provides for it, all affected beneficiaries agree, or the court orders it. If the court later reduces what was paid, the representative must repay the difference to the estate.
Sources
- Surrogate Rules, Alta Reg 130/1995 — kings-printer.alberta.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
Ask our Team for a quote. We reply by email.