What Does a Personal Representative Do in Alberta?

If you have been named in a will, or a family member has died and you are wondering who is in charge, the term you will meet is "personal representative". It is the person who steps into the deceased's shoes to wrap up their financial affairs and pass what is left to the right people.

This article gives a plain overview of the role in Alberta, from the first tasks after a death through to final distribution. It is general information, not advice on your particular estate.

This article covers the law of Alberta.

The role in four tasks

Alberta's Estate Administration Act came into force on June 1, 2015, and replaced the older Administration of Estates Act and the Devolution of Real Property Act. Under section 7, a personal representative's core tasks are to identify the estate's assets and liabilities, administer and manage the estate, satisfy the estate's debts and obligations, and distribute and account for the administration.

Alberta.ca guidance describes the same four tasks and says the Act and the Surrogate Rules together set out the role.

• Identify: work out what the person owned and what they owed.
• Manage: look after the property while the estate is open.
• Pay: settle valid debts and obligations.
• Distribute and account: pass on what remains and show the beneficiaries what you did.

The standard you are held to

A personal representative must act honestly and in good faith, follow the testator's intentions and the will, use ordinary prudence, and distribute the estate as soon as practicable. Specified duties from the Trustee Act also apply to personal representatives, with the terms adapted to estates.

There is a higher bar for some people. A personal representative with a professional skill level above ordinary prudence, such as a trust company, must exercise that higher skill when acting professionally.

A personal representative is liable for the duties and liabilities imposed by the Act, the will, other law or the Court, and can be compelled to carry them out.

Authority: when you can act

A grant of probate confirms the executor named in a will. If there is no will, a grant of administration is requested from the court. Once a grant issues, only the personal representative named in it may act for the estate until the grant is revoked or the representative is discharged.

Subject to the will and the law, a personal representative may take possession and control of estate property and do what the deceased could have done, and real property vests in the personal representative. If there are co-personal representatives, they must act unanimously unless the will or the Court says otherwise.

Alberta has no will registry, so finding the will can mean checking a home cabinet or safe, a bank safety deposit box, or a lawyer's office.

From death to distribution

The estate pays burial and funeral expenses. The personal representative or executor is responsible for arranging them, but the Funeral Services General Regulations set a priority list of who has authority over funeral arrangements, so the responsibility is not automatically theirs. If the estate lacks funds, the funeral home can apply to the Alberta government for assistance.

Debts come next. The personal representative follows the Rules on notice to claimants, may require verification of claims and may contest them. If assets are not enough, valid money claims are paid proportionately, subject to existing mortgages and the common-law priority for funeral and administration costs.

After complying with the notice rules, a personal representative may distribute based on known claims and is not liable for unknown claims. The exception is that claimants may still pursue the beneficiaries who received the assets.

Accounting, pay and getting help

A personal representative must account at regular intervals with financial statements of money and property received, distributed and paid out, given to the beneficiaries. Unless the court orders otherwise, an accounting is due every 2 years after the date of death or the end of the last accounting period.

Personal representatives may receive fair and reasonable compensation for their responsibility, and the rule sets no percentage or fixed fee.

If you are unsure how to handle something, you may apply to the Court for advice or direction. Acting on that direction discharges the duty, except where it was obtained by fraud, concealment or misrepresentation. If a representative fails to give required notice or perform duties, the Court may order compliance, remove the representative or revoke a grant.

What to do next

• Find the will and confirm who is named.
• Decide whether you are willing and able to act.
• Keep a running record of money in and money out from day one.
• Speak with a lawyer before distributing anything, especially if debts, minors or disputes are involved.

Frequently asked questions