Being named as the executor of a will can feel like an honour — especially if the deceased person was a trusted family member. However, the executor role is an important part of the estate planning process and comes with serious legal responsibilities that can last months or even years.
Many people accept the role without realizing the level of time and organization it requires — from managing assets and debts to coordinating with financial institutions, the Canada Revenue Agency (CRA), and family members during a difficult time.
This overview explains the key duties of an executor in Nova Scotia and highlights when it may be helpful to seek professional support.
- Understanding the Duties of an Executor in Nova Scotia
- Who Can Serve as Executor
- First Responsibilities After a Death
- When Probate Is Required in Nova Scotia
- Duties During Estate Administration
- Managing Real Estate and Personal Property
- Debts, Taxes, and Financial Matters
- Communicating With Beneficiaries
- Executor Compensation
- Executor Liability and Risk
- Declining or Resigning From the Role
- Out-of-Province Executors
- How Long Does It Take to Settle an Estate
- Support for Executors in Nova Scotia
- FAQs About Executors in Nova Scotia
Understanding the Duties of an Executor in Nova Scotia
An executor (sometimes referred to as an estate trustee) is the person named in a will who has the legal authority to manage a person’s estate after their death. The executor's duties typically include organizing assets, settling the individual's outstanding debts and taxes, and distributing any remaining property and other assets in accordance with the deceased's last will and testament.
Executors act in a fiduciary capacity — meaning they have a duty to act honestly, fairly, and in the best interests of the beneficiaries and creditors.
If there is no will, or if the named executor cannot act, the court may appoint an administrator to fulfill similar responsibilities.
Who Can Serve as Executor
Most adults in Nova Scotia can serve as executors, provided they are capable of managing financial affairs. Executors do not need to live in Nova Scotia. However, given how time consuming executor duties can be, those living outside the province often find it helpful to work with local professionals who can assist with paperwork and documents, court filings, and coordination.
Trust companies or lawyers can also serve as executors (known as "professional executors"), which may be suitable for more complex estates or where impartiality is important.
First Responsibilities After a Death
Executors are generally responsible for locating and reviewing the original will, notifying the person's financial institutions, and making arrangements related to the deceased's funeral and their estate’s immediate needs.
They may also need to ensure that all the assets — including any property, vehicles, and valuables — are secure and properly maintained until the estate is settled. Bank accounts and investment accounts are additional assets that will need to be secured.
Because every situation is different, executors often consult with an estate lawyer before taking formal steps to confirm next actions and timelines.
When Probate Is Required in Nova Scotia
Probate is the court process that confirms a will’s validity and gives an executor formal authority to manage the estate.
In Nova Scotia, probate is often required before banks, investment firms, other financial institutions, or the Canada Revenue Agency will release estate assets. Some smaller estates or jointly owned assets may not need to go through full probate, depending on how ownership is structured.
An estate lawyer can help determine whether probate court applies and what documentation is needed.
Duties During Estate Administration
An executor’s responsibilities typically include:
Compiling an inventory of the deceased’s assets
Managing funds held in bank accounts and/or investment accounts
Paying outstanding debts, expenses, and income taxes (including filing the appropriate tax returns)
Coordinating with the CRA and other government agencies as needed
Communicating with beneficiaries throughout the process
Distributing the remaining assets once obligations are met
While the general order of these tasks is consistent, the specifics can vary based on the size and complexity of the estate.
Managing Real Estate and Personal Property
Real estate and personal property often represent the most significant part of a someone's estate. Therefore, the executor is responsible for maintaining and protecting these assets until ownership is transferred or until the assets are sold.
This process may involve ensuring the deceased's property remains insured (via the applicable insurance policies) as well as coordinating with professionals such as appraisers or real estate agents. Their duties may also include keeping beneficiaries informed of any major decisions.
Debts, Taxes, and Financial Matters
Before distributing any assets, executors must ensure that estate the deceased's debts and taxes are addressed, if applicable. This includes paying outstanding bills, loans, and income taxes owed to the CRA.
Many executors choose to work with accountants or estate lawyers to handle these matters accurately and to also confirm that all obligations are met before completing the distribution of the person's assets.
Communicating With Beneficiaries
Clear communication helps avoid misunderstandings and disputes. Executors are expected to keep beneficiaries (including family, if applicable) reasonably informed about progress and decisions affecting the estate.
Maintaining detailed records, documents, and written correspondence throughout administration provides transparency and helps protect the executor if questions arise later.
Executor Compensation
Executors are entitled to reasonable compensation for their time and effort. The amount depends on the estate’s size and complexity.
In Nova Scotia, compensation is typically reviewed by the beneficiaries and, if necessary, may be subject to court approval to ensure it is fair and proportionate.
Executor Liability and Risk
Executors can be held personally responsible for errors or omissions made in the administration of an estate.
Acting diligently, keeping accurate records, and obtaining professional advice can help minimize risk and ensure the estate is administered properly.
Declining or Resigning From the Role
Being named as an executor does not mean you are obligated to accept the role. If you are unable or unwilling to act, you can decline the appointment. Executors who have already begun administration may require court approval to step down.
A lawyer can explain the available options and help ensure the process is handled appropriately.
Out-of-Province Executors
Executors who live outside Nova Scotia can still act, though additional coordination is often required for property management, court filings, and communication with local institutions.
LM Legal Solutions frequently assists out-of-province executors with local procedures and compliance matters to ensure the process runs smoothly.
How Long Does It Take to Settle an Estate
There is no fixed timeline for estate administration in Nova Scotia. Straightforward estates may be completed within a year, while complex estates — especially those involving real estate, business interests, or tax matters — can take longer.
Maintaining organized records and open communication with beneficiaries helps keep the process efficient.
Support for Executors in Nova Scotia
Serving as an executor can be demanding and emotionally difficult, especially if family conflict is involved. Professional support can make a significant difference — ensuring the estate is managed correctly and efficiently.
At LM Legal Solutions, we assist executors across Nova Scotia with probate applications, CRA coordination, estate management, and beneficiary communication.
Contact our team to learn how we can help you carry out your duties confidently and effectively.
FAQs About Executors in Nova Scotia
What does an executor do?
An executor manages the administration of a person’s estate after death, ensuring their assets are collected, debts and taxes are paid, and that the remainder is distributed according to their will.
Does every estate need to go through probate?
Not always. Some estates can be settled without full probate, depending on how assets are held. A lawyer can help determine whether probate applies in a given case.
Should I get legal help as an executor?
Legal guidance can help executors meet their obligations and avoid potential issues with creditors, beneficiaries, or government agencies.
