What Does an Executor Do First After a Death in Saskatchewan

Being named executor often lands in the middle of grief. The good news is that most of the work does not have to happen in the first days, and a sensible order helps.

This article sets out the early steps the province lists for executors, then what can wait until later.

This article covers the law of Saskatchewan.

The first days

The province lists these common early duties: find the will, obtain the death certificate and notify agencies, and identify, locate, secure, value and insure assets.

• Locate the original will and note who is named as executor.
• Get the death certificate and tell relevant agencies.
• Pay the funeral bills, and keep every receipt.
• Secure and insure property, such as the home, vehicles and valuables.

You do not need to do everything at once. In the first days, the aim is to protect what the estate owns and to start a simple written record of what you do, who you speak to and what you spend. That record will be useful when you later have to account to the beneficiaries.

Securing personal property and information

Practical steps suggested for personal property include reviewing personal papers, redirecting mail with Canada Post, writing inquiry letters, and searching ISC and Saskatchewan Government Insurance. Vehicles, jewellery and household items are listed as Part I assets on the Statement of Property (Form 16-14).

Keep a running list of everything you find, where it is and roughly what it is worth. Land held solely in the deceased's name is also a Part I asset on that form. If real property is part of the estate, its value can be shown with a land appraiser or agrologist report, a real estate agent market evaluation, or a municipal property assessment.

Claims, notices and the estate account

You will also file claims for insurance, pension and death benefits, and deposit estate money in an estate account. If minors or dependent adults may have an interest, the Public Guardian and Trustee must be notified.

A Notice to Creditors (Form 16-48) should be published once a week for two consecutive weeks in a newspaper nearest the deceased's last residence. Debts are paid from the estate before any gifts in the will, and the executor should run a personal property lien search and a judgment registry search.

If the estate cannot cover its debts, the province sets a priority order: secured creditors up to the value of their security, then reasonable funeral and testamentary expenses, then costs of administration including executor fees, then debts with legislative priority, and finally other unsecured debts, which are paid ratably if funds run short. For insolvent estates the province recommends consulting a lawyer and, if needed, applying to the court for directions.

What can wait

Applying for Letters is only a duty if required. The Court of King's Bench says the only asset that absolutely requires probate is an interest in land, including mineral rights, registered solely in the deceased's name. For other financial assets, the bank, credit union or trust company decides whether it needs Letters, so the first step is to ask each one.

Some assets pass outside probate:

• Land held in joint tenancy with survivorship.
• Bank accounts with survivorship.
• Life insurance with a named beneficiary.
• RRSPs and RRIFs with a named beneficiary.

If the estate includes real estate, Letters Probate or Letters of Administration with Will Annexed are required for any land transaction with Information Services Corporation (ISC). Letters may not be required where the estate is $25,000 or less and includes no real property, but real estate always requires Letters for ISC land transactions. When a will names an executor and that executor applies, the grant is Letters Probate; the forms are filed with the Court of King's Bench.

The standard fee is a $200 Local Registrar fee plus a levy of $7.00 per $1,000, or portion of $1,000, of Total Part 1 Assets on the Statement of Property. For example, a Part 1 estate of $500,000 produces a levy of $3,500, plus the $200 fee. The fee is paid at the court house when applying, and assets passing outside the estate are excluded.

The final return is due April 30 of the following year for a death between January 1 and October 31, or six months after death for a death between November 1 and December 31. If the deceased or their spouse ran a business, the filing date may instead be June 15 of the following year for a death between January 1 and December 15, but payment is still due on the regular date. On death the person is considered to have sold all property just before death at fair market value, and any capital gain or loss is reported on the final return; this is a federal income tax, not an inheritance tax. Property passed to a surviving Canadian-resident spouse or common-law partner, where it vests within 36 months, may not result in a gain or loss on the final return, though the legal representative can elect out; gains on a principal residence may be wholly or partly exempt, but the residence must be designated using Schedule 3 and Form T1255.

Income the estate earns after death is reported on a T3 trust return. If a legal representative distributes assets before getting the CRA clearance certificate and tax is still owing, they can be held personally liable up to the value of the assets distributed. The average estate takes about a year.

What to do next

• Find the will and confirm you are named executor.
• Order the death certificate and keep a log of every call and receipt.
• Secure and insure property.
• Ask each institution what it needs from you.
• Speak with a lawyer or accountant if debts exceed assets, since the province recommends legal advice for insolvent estates.

How all of this applies depends on your situation, including what the estate owns and who the beneficiaries are, so it is worth confirming the details with a lawyer or accountant.

Frequently asked questions