Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken.

Having worked in this field for over 10 years now, I’ve definitely done my fair share of estate planning, but not nearly enough estate administration. Now, after a long hiatus, I’m stepping back in and starting to notice that things have definitely changed.

The process and steps involved in an administration can be overwhelming for those of us working in the field, and likely even more so for those who have just been appointed to act as an executor for a family member or friend. As someone who can get overwhelmed quite easily, I’ve found that breaking things down into various stages or grouping similar tasks together helps to not only make sure no steps are missed but can also make the process of administration a bit more manageable.

In today’s blog I plan to discuss what I consider to be Stage 1 of the Administration, Initial Steps and Background. While in no particular order, these are some of the first tasks I have identified that need to be addressed at the beginning of a new estate administration file.

1. Obtain a Death Certificate – an obvious one, but very important. In order to notify institutions such as banks, or cancel accounts, you will need to be able to prove that the deceased is in fact, deceased. The death certificate also provides the accurate date of death which will be important for tasks later on.
2. Locate the Will – determine whether or not the deceased left a Will and if so, find it. If there is a Will, it’s important to ensure it is valid and is the most current version. If there is any uncertainty, a Wills search should be conducted. A search of this nature would also need to be done in the event no Will can be found. Lawyers will often assist in locating the Will or coordinating the required searches through various databases or courthouses. If after all possible searches have been done, there is still no Will, the estate would be administered in accordance with the laws of intestacy.
3. Review/Summarize the Will or Determine Entitlement – if there is a Will, it’s important to do a fulsome review and summary to determine not only the validity of the Will, but also to get a complete picture of what the deceased’s final wishes were with respect to their estate. This is also the time to check for any issues that could arise and make note of any potential challenges that the executor may face (such as possible dependent or spousal claims, or handwritten changes to the Will that would need to be addressed). Determining who the beneficiaries are, if the deceased provided for cash gifts or gifts of real property and whether trusts are to be set up are just a few of the things to be on the lookout for during a review. If there is no Will, and the laws of intestacy apply, a list should be prepared to determine who takes priority in terms of entitlement of the deceased’s estate.
4. Determine the Executor/Administrator – If a valid Will has been located, identify the executor named in the document and ensure they are willing and able to act. Performing the duties required of an executor is no easy feat, so it’s important that the individual who is about to step into the role is aware of this. As a legal advisor in estate administration, having a document that clearly sets out the roles and responsibilities of an executor prepared and available in advance of or at an initial meeting with a potential executor is a good way to ensure that the individual has a clear picture of the job they are considering taking on, before they do so.
5. Prepare a List of Agencies/Institutions to be Notified – Again, as a legal advisor, having a “master list” of all possible institutions that need to be notified on the death of an individual is beneficial to ensuring nothing is forgotten. From such list, determine which institutions apply to the deceased and ensure they are notified of the death in a timely manner. If any payments such as utility bills or mortgage payments need to be addressed, it’s important to do this as soon as possible.

While every estate is unique and presents its own challenges, breaking things down into smaller, more manageable tasks can make the process far more efficient. A clear checklist or structured approach allows you to address each responsibility methodically, reducing the risk of oversight and ensuring that every detail is properly handled.

Part 2 of this series will explore Stage 2 – gathering information about the assets of an estate. Stay tuned.