Articles
The Executor’s Checklist: Managing Expectations in Manitoba
Author: Philippe Richer
Being named executor in someone’s will is an act of trust. It’s also a job, and one that comes with real responsibilities, legal obligations, and a timeline that doesn’t always match what grieving family members are hoping for.
If you’ve recently been named an executor or are trying to plan ahead, here’s a practical overview of what the role involves and how to protect yourself along the way.
The First Two Weeks
The first priority isn’t paperwork — it’s people.
In the immediate days following a death, your focus should be on the funeral and burial arrangements, notifying immediate family and key contacts, and simply being present with the people who are grieving. You do not need to have the will in hand before planning the funeral, and you do not need to start the legal process right away.
When the time feels right — often 30 to 60 days after the death — you can begin gathering the practical pieces: locating the original will, securing physical property such as a home or vehicle, and starting to collect important documents, including financial records, insurance policies, and government identification.
It’s also worth notifying the deceased’s bank early in the process, even before probate is complete, so accounts can be flagged and protected.
When the Administrative Work Begins
Once the immediate priorities are handled and you’re ready to begin the legal and administrative work, this phase typically involves applying for a Grant of Probate if the estate requires it, notifying government agencies including Service Canada and the CRA, cancelling pensions, benefits, and subscriptions, creating a formal inventory of all assets and liabilities, and opening an estate bank account to manage incoming funds and expenses.
This is also the phase where family members may start asking when they’ll receive their inheritance. That’s a completely understandable question — and the honest answer is: it takes time, for good reason.
Why It Takes as Long as It Takes
One of the most common tensions in estate administration is the gap between what beneficiaries hope for and what the process actually requires. Estates often involve complexity that isn’t visible at first glance: outstanding debts, final tax returns, property that needs to be sold, or beneficiaries who are difficult to locate. Income tax obligations alone can take a year to resolve — and in some cases, several years. Until those obligations are settled, distributions cannot safely be made in full.
Distributing assets too quickly (such as before debts and taxes are fully settled) can leave you personally on the hook for any shortfall. That’s not a hypothetical risk. Executors who rush distribution at the urging of impatient beneficiaries have found themselves liable out of their own pocket.
Setting clear, calm expectations with family members early in the process is one of the most important things you can do in this role.
When to Get Legal Help
Not every estate requires a lawyer, but most benefit from one, particularly when the estate is large or complex, when there are multiple beneficiaries or blended family dynamics, when the will is being contested, or when you simply want the reassurance that you’re doing things correctly.
An estate lawyer can help you navigate probate, prepare the necessary documentation, and ensure distributions are made in the right order and at the right time.
At TLR Law, we work with executors across Manitoba to make the process as straightforward as possible. Call us at (204) 925-1900 to book a consultation.