This blog has been written by Caroline Caron, Paralegal, at Fasken LLP
The weeks following a death can feel overwhelming. Alongside grief, there are practical responsibilities that often require prompt attention. Whether you are acting as executor or helping someone who is, a few clear first steps can make the process feel more manageable.
Before turning to the specific initial steps involved in administering the estate, it is worth noting that funeral arrangements usually need to be addressed right away. In many cases, the executor or other estate representative will be involved in those decisions. If there is uncertainty about who should give instructions, or if family members disagree, legal advice should be obtained promptly.
- Secure the Home, Assets, and Immediate Risks
One of the first practical priorities is securing the deceased’s home and assets.
A simple but effective step is to take photographs or video of the contents of the home. This creates an initial record of the deceased’s personal property and effects. It may also help if questions later arise about what was present among the deceased’s belongings at the date of death or whether particular items are missing.
From there, begin gathering key documents and financial information, such as:
- bank and investment statements
- property records
- insurance policies
At this stage, the goal is not completeness but awareness. Building an initial picture of the estate helps reduce the risk that something will be overlooked and supports a more transparent administration process.
It is also important to think about practical risk management. If no one will be living in the home, notify the insurer promptly to determine whether vacancy coverage is required and available. If others may have access to the home, consider whether locks, alarm codes, or garage access should be changed.
The executor should also deal with any immediate liability or safety risks. For example, firearms should be secured and handled appropriately, prescription medications and other controlled substances should be removed or safely disposed of, and obvious hazards on the property, such as a broken step, loose railing, or icy walkway, should be addressed before someone is injured.
Other urgent matters may also need attention, such as caring for pets, checking on vehicles, removing perishable items, and making sure the home is being visited regularly.
- Locate the Will and Other Key Documents
Another early priority is locating the Will and other important documents.
Wills are often kept in filing cabinets, home safes, or with a lawyer or notary, though they sometimes turn up in less obvious places. If you are searching at home, be thorough and check anywhere important papers may have been stored or hidden away.
It is also important to remember that the deceased’s Will may not be in paper form, and in some cases, there may be no paper Will at all. In a number of Canadian jurisdictions, electronic Wills are now permitted, and the range of documents that may need to be considered has expanded. Executors may therefore need to search the deceased’s electronic records, devices, and email accounts for Will-related documents or information about where a Will is stored. Before concluding that a particular document is the final Will, it may be wise to seek legal advice.
If you are unable to find the Will but believe one exists, consider whether a wills registry or search process is available in the relevant province or territory. If the deceased lived in British Columbia, for example, a search may be conducted through the B.C. Vital Statistics Agency’s Wills Registry. It is also worth contacting the deceased’s lawyer or notary, if known.
Once located, the Will can confirm who has been appointed executor and may provide important direction for administering the estate.
It can also be helpful to gather other essential documents early, including death certificates, identification, insurance information, and any records relating to bank accounts, investments, real property, or business interests.
- Consider Who to Notify, and When
Notifying the appropriate authorities of the death is an essential early step. In many cases, the funeral home will assist with the related formalities and with obtaining official death certificates. Ordering several certified copies at the outset is usually helpful.
Beyond that, notifications should be approached thoughtfully. Some organizations can and should be contacted early, but it is often wise to first gather basic information about the deceased’s assets, liabilities, automatic payments, and sources of income. This can make communications with financial institutions, insurers, government agencies, and service providers more efficient and help avoid unnecessary complications.
It is also a good idea to secure mail, identification, and sensitive personal information as early as possible. Redirecting mail where appropriate, safeguarding passports and other identification, and identifying important online accounts can all help protect the estate and reduce the risk of fraud.
As matters progress, keep a written record of the steps taken, the information gathered, and any expenses paid. Good record keeping from the outset can make the estate administration smoother and may help if questions arise later. Where an executor uses their own funds to pay estate expenses, it is important that they keep detailed records and receipts to support their later reimbursement from the estate.
It can also be helpful to set beneficiary expectations early. Estate administration often takes much longer than people expect, even where the estate appears straightforward at first. Keeping beneficiaries informed about timing can help reduce confusion and ease tension during an already difficult period.
The first month after a death is often both emotionally and administratively demanding. Focusing on a few foundational steps, securing the home and assets, locating the Will, addressing immediate risks, and approaching notifications carefully, can create a strong starting point for the estate administration process.
Although the role of executor can feel overwhelming, taking matters step by step can make the process more manageable. In doing so, you are carrying out important responsibilities while helping protect the estate and honour the deceased’s wishes.
This article provides general information only. Estate administration rules and procedures vary across provinces and territories, and legal advice is recommended in most cases.
