What Does an Executor Do in Prince Edward Island? Duties Explained

Being named executor in a will means the person trusted you to manage their affairs after death. The job is real work, and it follows a fairly predictable order.

This article walks through that order in Prince Edward Island, from finding the will to distributing the estate. It describes how things generally work, and a lawyer can confirm what applies to your estate.

This article covers the law of Prince Edward Island.

Step one: the will and the decision to act

Start by finding the original will and getting death certificates. Death certificates are issued by the Vital Statistics Division, and a certificate showing cause of death is restricted to certain relatives such as a spouse, child, parent or sibling.

You do not have to accept the role. A named executor may decline by filing a renunciation of probate or of administration (Form 65K). If you are named but do nothing, an interested party can give thirty days' notice requiring you to take out probate, after which letters of administration with the will annexed may be granted instead.

Step two: applying for the grant

You apply to the Estates Section of the Supreme Court by petition under Rule 65. For an executor, the petition is Form 65A, and you swear an oath on Form 65D. The petition must state the date of death, the deceased's marital status, and the name, age and address of each child.

If the court grants the application, you receive Letters Probate (Form 65U). Where there is a will but no executor acts, Letters of Administration with the Will Annexed (Form 65W) issue instead. Where the Probate Act and Rule 65 are silent, the general Rules of the Supreme Court apply.

Probate fees are scaled to probate value, which means the gross assets of the estate, not including life insurance money passing on death to a named beneficiary. Life insurance paid to a named beneficiary is left out of that figure, so it does not increase the probate fee. The schedule in the Probate Act starts at $50 for a petition where probate value is up to $10,000 and $100 for $10,001 to $25,000, rising in bands above that. What an estate of your size would pay above those bands is worth confirming with the Estates Section or a lawyer.

Step three: taxes, debts and the estate itself

The deceased person's final T1 return is due April 30 of the following year if death occurred January 1 to October 31. If death occurred November 1 to December 31, it is due six months after the date of death. Any balance owing is payable by the same date unless noted otherwise.

• If the deceased or their spouse or common-law partner carried on a business, the final return is due June 15 for deaths January 1 to December 15, though the balance is still due April 30. For deaths December 16 to 31, it is due six months after death.
• If the person died early in the year before filing the prior year's return, that return is due six months after the date of death.

Beyond taxes, you will generally gather the assets, secure them, and identify and pay the debts. The rules on notifying creditors should be confirmed with a lawyer before you pay out any beneficiary.

Step four: clearance, distribution and records

Before you distribute any property of the estate, you should determine whether a CRA clearance certificate is needed. How distributing early could affect you personally depends on your situation, so it is worth confirming with a lawyer or accountant first.

Keep a full record of everything that comes in and goes out of the estate, with receipts and bank statements. If accounts are passed through the court, costs on the passing of accounts are fixed under the Probate Act schedule, while court filing fees generally follow the Court Fees Act and its regulations.

When there is no will, no executor, or a grant from elsewhere

Not every estate fits the usual pattern. If there is no will, the petition is on Form 65C, and the petitioner must list the next of kin and heirs at law and state the grounds of the applicant's right to administer.

• Where no letters have issued on an intestacy, a person interested must, before applying for a grant themselves, cite those with a prior right to accept or refuse administration.
• Ancillary grants for estates already probated elsewhere issue under Rule 65 on application and payment of the prescribed fees, and a foreign administrator's nomination uses Form 65YY.
• Where there is no one entitled or willing to administer an estate, the Provincial Administrator of Estates Act governs the Provincial Administrator's role.

These situations can involve extra steps and timing, so how they apply to you depends on the facts and is worth confirming with a lawyer.

What to do next

• Locate the will and order death certificates.
• Decide whether to act or to renounce.
• Gather the information the petition requires, including details of each child.
• Note the final tax return deadline that fits the date of death.
• Open a separate estate account and keep every receipt.
• Ask whether a clearance certificate is needed before distributing.
• Speak with a lawyer if the estate is complicated, disputed or has a business.

Frequently asked questions