In this section:
Your Executor's responsibilities
Your Executor's powers
Choosing the right person
What to tell the person you choose

Your Executor's responsibilities
Your Executor is the person who is responsible for administering your Estate and carrying out the provisions of your Will.

Your Executor is required to pay debts, taxes, funeral costs and other eligible expenses from your Estate.

After all legitimate Estate expenses are satisfied, the Executor can distribute the gifts left under the Will. Specific gifts of money or property are the first Bequests to be honored. Residual Bequests are the last to be carried-out.

Once the Estate is fully distributed, the Executor files appropriate forms with the Court and applies to have the Estate closed. If the Court finds that everything is in order, documents are filed indicating that the Estate is closed and the duties of the Executor are complete.

This represents an overview of the responsibilities and duties of an Executor, however, the actual duties of the Executor vary according to the complexity and scope of your estate plan and the wishes and intentions expressed in your Will. The administration of a small Estate, distributed through a simple Will, will likely require only a minimum amount of time and effort by an Executor. If a Will becomes complex or contains provisions that require ongoing administration and management, the Executor will have a greater role.

Your Executor's powers
Your Executor can obtain professional assistance in carrying-out certain tasks that he or she is unable to perform on his/her own. Assistance can be obtained through banks, attorneys and estate planning professionals.

The property inventory referred to below can be very useful for an Executor in that it assists in identifying and locating property to be distributed. If you complete a property inventory, it should be updated on a regular basis just as your Will and estate plan are updated. The property inventory should be kept with your important papers and with a copy of your Will.

The Executor of an Estate is nominated in a Will and, upon approval, appointed by the Court. After formal appointment, the Executor is legally required to perform the duties prescribed by law and to carry out the terms of the Will.

Choosing the right person
Most people appoint as their Executor their spouse or other close relative such as a sibling, or a trusted friend. No special skill or training is required to serve as an Executor. The Executor must simply act to perform the duties described and to carry out your wishes and intentions as set out in your Will. You should consider discussing with your chosen Executor your intention to nominate him/her. You should also advise your chosen Executor once you have in fact completed your Will naming him/her in that role.

What to tell the person you choose
Your Executor should be advised where you have stored your Will. There is no point having a Will if no one can find it.

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