When a parent or close friend asks you to be their executor, saying no feels almost impossible — so most Canadians just say yes.
A national survey commissioned by ClearEstate Technologies, a Montréal-based estate planning and settlement company, found 3 out of 4 Canadians (76%) would accept the role for a family member or close friend even without fully understanding the duties. Yet almost 9 in 10 people (89%) agree that taking on the job gets complicated and eats up tons of time — and most folks aren’t prepared for what’s coming.
“People feel honoured or obligated to say yes,” Will Daley, senior vice-president of research and analytics at Canada Pulse Insights, said in a statement. The catch? What comes after that “yes” can drag on for months, cost thousands and sometimes even leave you personally on the hook if things go sideways.
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Here’s what the job involves and what both sides can line up now.
How much time does being an executor take?
About 20% of respondents have taken on the executor role. The average time commitment was 35 hours, but nearly 4 in 10 logged 50-plus hours, and 17% lost track of the time entirely.
That workload gets dragged out over a long haul. According to ClearEstate data, even when there’s zero family drama, settling an estate typically takes anywhere from 12 to 18 months.
Being left in the dark only makes the job harder. Among Canadians who haven’t hired a professional executor, 44% have no idea how their designated person would actually find their assets and debts, including key accounts, deeds or basic passwords.
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What does probate cost in Ontario?
In Ontario, probate fees are formally called the Estate Administration Tax (EAT). According to the Ontario government, there’s no tax on the first $50,000 of an estate’s value, and the rest is taxed at $15 per $1,000, which works out to 1.5%.
Here’s how that plays out: an estate in Ontario worth $500,000 would owe $6,750 in tax (which is 1.5% on everything over $50,000). You pay this upfront as a deposit when applying for the estate certificate, and it officially becomes the tax once the certificate is granted.
Not everything counts. Blaney McMurtry, a Toronto law firm, notes that jointly held assets that pass to the survivor are excluded from the calculation, as are registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs), tax-free savings accounts (TFSAs) and life insurance with a named beneficiary. One caveat: without a surviving spouse, RRSP and RRIF balances are still fully taxable at death, and the estate pays that tax.
What’s the tax risk executors don’t see coming?
Here’s the trap many first-time executors fall into: you can’t just hand out inheritance funds right away. The CRA requires you to get a formal clearance certificate before distributing a single asset under your control. If they distribute without one, they’re liable for any unpaid amounts, according to CRA guidance.
In real life, an overly eager executor who pays out the inheritance too soon could get stuck footing the deceased’s tax bill out of their own pocket — up to whatever amount they handed out.
Should you name family, a professional or both?
Trust still comes out on top. When asked who they’d pick today, 48% chose a family member or friend who could hire pros whenever help is needed. Another 30% expect that loved one to handle everything solo, while 22% would skip the DIY route and go with a professional from the start.
There’s also a fairness question. Nearly two-thirds (63%) say it’s unfair to expect a family member to handle all the bureaucratic work alone.
For smaller, straightforward estates, a family member who knows the ropes can usually manage just fine. But if there’s real estate, investments or family friction involved, paying for legal or tax help is well worth it to save time and avoid costly mistakes.
What to do now
If you’re writing or updating your will:
- Ask permission before naming anyone as your executor, and be sure to designate an alternate in case they’re unable to step up
- Keep an up-to-date list of accounts, property, debts, insurance and digital logins, and tell your executor where it is
- Review the beneficiary designations on your RRSPs, TFSAs and life insurance
- Think about how probate and final taxes will be paid without forcing a rushed sale
If you’ve been named executor:
- Find out where the original will and key documents are kept
- Track your hours and expenses from day one
- Get a CRA clearance certificate before distributing assets
- Line up an accountant or estate lawyer for the tasks you can’t handle
Being named an executor is a huge vote of confidence. The kindest thing you can do when writing a will is keep that workload as light as possible — and if you’re the one being asked, the smartest move is to ask plenty of questions before saying yes.
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Amy Tokic is an SEO content editor for Money.ca. She holds a B.A. in Communications from the University of Windsor. Amy is an award-winning author and has been writing professionally for 15 years, publishing articles in the lifestyle and health sectors.
