Estate Administration 101: What Manitoba Executors Need to Know

Being named as executor is both an honour and a responsibility. The person who passed away trusted you to carry out their final wishes, but if you’ve never done this before, you might be wondering where to begin.

The role comes with real legal obligations, and mistakes can have serious consequences. With the right guidance, though, you can fulfill your duties with confidence.

What Does an Executor Actually Do?

As executor, you’re responsible for managing and distributing the deceased person’s estate, such as gathering assets, paying debts and taxes, and distributing what remains according to the will.

You’re also the legal representative of the estate with a fiduciary duty to act in the beneficiaries’ best interests. This isn’t just moral; it’s legal, and you can be held personally liable if you fail to meet your responsibilities.

The First Steps After a Death

Locate the original will. A photocopy won’t work for probate; you need the original signed document. Check with the deceased’s lawyer, safety deposit box, or home files.

Secure property and assets. Ensure the home is locked, valuables are protected, and important documents are gathered. Arrange for mail forwarding and notify utilities.

Notify relevant parties. In general, banks, insurance companies, the Canada Revenue Agency, Service Canada (to stop pension payments), and Manitoba Public Insurance all need to be informed.

Determine whether probate is required. Not all estates need probate, but many do, especially with real estate, significant financial assets, or when institutions require proof of your authority.

Understanding Probate in Manitoba

Probate is the court process that validates the will and confirms your authority as executor. In Manitoba, you’ll apply to the Court of King’s Bench for a Grant of Probate.

Probate fees are calculated based on estate value. The process requires specific documentation: the original will, death certificate, detailed asset inventory, beneficiary list, and court forms. Most executors work with a lawyer for applications—the paperwork must be precise, and errors cause delays.

Your Ongoing Responsibilities

Once probate is granted, you’ll gather all estate assets, open an estate bank account, pay debts and final taxes, prepare estate accounting for beneficiaries, and distribute assets according to the will.

We recommend keeping detailed records of every transaction. Beneficiaries have the right to see how the estate was managed, and you may need to provide formal accounting. Most estates take one to two years to fully administer.

When You Need Legal Help

Many executors try handling everything themselves to save money, but most situations benefit from legal guidance.

It’s a smart idea to consult a lawyer if the estate includes real property, if the will is unclear or contested, if there are substantial debts or tax issues, if beneficiaries are minors or have special needs, or if you’re uncertain about any duties.

Remember: legal advice is an estate expense and not something you pay personally. Proper guidance upfront prevents costly mistakes later.

You’re Not Alone in This

Serving as executor during grief is challenging. You’re managing complex legal and financial responsibilities while dealing with your own loss.

You don’t have to figure it out alone. We work with executors throughout the entire estate administration process, providing the guidance and support you need to fulfill your duties properly and with confidence.

If you’ve been named as executor, we’re here to help you navigate what comes next. Give us a call at (204) 925-1900 to schedule a consultation.