Accepting an appointment as executor is a bit like agreeing to assemble a complicated piece of furniture without realizing the instructions are 300 pages long, several pieces are missing, and everyone in the family has a different opinion about how it should be assembled.
Most executors begin the process feeling confident and optimistic. They are organized. They are capable. They have a plan.
A few months later, they are searching questions at 11:00 p.m. while trying to remember whether they have already sent that bank form for the third or fourth time.
After all, most executors do not begin their role with legal training or estate administration experience. Many have never heard of a Certificate of Appointment of Estate Trustee, have no idea what the purpose of probate is, and suddenly find themselves responsible for managing assets, paying debts, filing tax returns, and responding to beneficiaries.
In many cases, an executor’s first instinct is not to call a lawyer. It is to ask Google.
When I type “executor of an estate” into Google, some of the first suggested searches include:
- Can a beneficiary be the executor?
- How much money does an executor get in Canada?
- What powers does an executor of a will have?
Google’s autocomplete suggestions are generated based on common searches. While Google does not publish the exact search volume, the suggestions provide an interesting glimpse into the questions people are asking.
If I had to guess, however, the following questions probably appear in many executors’ search history at some point during the administration of an estate:
- “Can an executor sell a house without approval?”
- “How long does probate take in Ontario?”
- “Can an executor be removed?”
- “Do beneficiaries get a copy of the will?”
- “Can an executor use estate money?”
Notably absent from the list is: “Why did I agree to be an executor?” That search typically comes later.
Beyond Google’s autocomplete suggestions, these are some of the questions I suspect many executors eventually find themselves asking:
“When can I distribute the estate’s assets?”
The executor has located the Will, spoken with family members, and perhaps even identified who will ultimately receive the estate. Understandably, they begin to wonder why they cannot simply start writing cheques.
The answer, of course, depends on the circumstances.
Although there may be situations where certain assets can be transferred without probate, executors often underestimate the risks associated with making distributions too early. Unknown liabilities, tax obligations, outstanding creditors, will challenges, or even the discovery of additional assets can quickly complicate matters.
What often surprises executors is that, at least initially, dealing with the requests of beneficiaries may be the easiest part of the process.
As estate practitioners know, creditors, tax authorities, and third parties tend to be far less forgiving than impatient beneficiaries.
Of course, executors are not the only ones consulting Google. Beneficiaries often have their own set of questions, many of which begin with some variation of: “When will I receive my inheritance?” As every estates practitioner knows, there can be a significant difference between when an executor hopes to make a distribution and when it is prudent to do so.
“Do beneficiaries have to see the estate accounts?”
Executors are often surprised to learn that transparency is an important aspect of their role. Beneficiaries generally have a legitimate interest in understanding how estate assets were managed, what expenses were incurred, and how the final distribution was calculated.
At the same time, beneficiaries are often surprised to learn that “I want to see everything” does not necessarily entitle them to unlimited access to every document associated with the estate.
The administration of an estate often involves balancing competing interests: accountability on one hand and practical administration on the other. For many executors, this is the moment they realize the role involves considerably more bookkeeping than television and movies would have suggested.
“How long can an executor take to administer the estate?”
I would imagine that this question generates more anxiety than any other question asked by executors. Both executors and beneficiaries often worry that executors are taking too long.
Lawyers spend considerable time explaining why the answer is almost never as simple as anyone would like. Many people are surprised to learn how many steps occur behind the scenes before an estate can be distributed. Locating assets, obtaining probate, selling property, dealing with tax matters, responding to financial institutions, gathering valuations, and resolving unexpected issues can significantly extend administration timelines.
From an executor’s perspective, it can feel like every organization involved in the process operates on a different schedule. One institution requests original documents, another requires certified copies, and a third asks for documents that were already provided two months ago.
Executors often begin the process expecting weeks and conclude it appreciating why estate administration is more commonly measured in months or, for more complex estates, years.
“Can an executor live in the deceased’s house?”
This question typically arises when the estate contains a vacant property and someone starts paying the utility bills.
It is easy to see why the question comes up. A house sitting empty can create concerns regarding maintenance, insurance, security, and costs. However, executors are often surprised to discover that estate assets cannot simply be treated as though they belong to the executor personally. Any decision involving estate property must be considered through the lens of the executor’s fiduciary obligations and the best interests of the estate and its beneficiaries.
The issue is rarely as straightforward as many online discussion forums would suggest. Then again, very few estate issues are.
“Can I resign as executor?”
This question rarely appears at the beginning of the administration. It tends to surface around the same time the executor discovers yet another account, receives another request for information from a financial institution, and answers the same beneficiary question for the fifth time.
Fortunately, most executors persevere. Nevertheless, the search itself serves as a reminder that administering an estate is often far more complicated than many people anticipate.
What the Search History Doesn’t Show
The most interesting thing about these searches may not be the questions themselves. It is the fact that thousands of people are asking them.
Estate administration remains one a legal process that many people encounter only once in a lifetime. It often arrives unexpectedly, during a period of grief, and comes with significant responsibility.
The executor searching “When can I distribute the estate?” is not trying to become an estates expert. More often than not, they are simply trying to do the right thing.
The challenge is that Google can provide thousands of answers, many of which are incomplete, inaccurate, or based on another jurisdiction. What executors often need is not another search result, but practical guidance tailored to the particular estate they are administering, and perhaps a little reassurance that every executor before them has probably typed many of the exact same questions into Google. If nothing else, they can take comfort in knowing that they are not alone. Somewhere, at this very moment, another executor is likely sitting at their kitchen table, looking at a stack of bank statements, and typing into Google: “How long does probate take?”
Fortunately for executors, some questions are better answered by an estates professional than by a search engine.
