How to Choose an Executor in Canada
The executor is the person who will turn your estate plan into reality after your death.[1] Choosing well matters — both for the practical efficiency of estate administration and for family harmony.
What an executor does
- Locates and proves the will
- Identifies all estate assets
- Pays debts in statutory priority order
- Files the deceased's final tax return
- Obtains the CRA clearance certificate
- Distributes assets to beneficiaries per the will
- Files passing of accounts (formal or informal) with beneficiaries
Total work for a moderate estate: 100-300 hours over 12-24 months. Significant ongoing time commitment.
Selection criteria
Trustworthy. They will be handling potentially substantial assets and following your wishes. Pick someone you'd trust with your bank account.
Organised. Estate administration involves documentation, deadlines, coordination with multiple institutions. Pick someone good at administrative work.
Willing. Don't surprise people. The executor should know they've been named and agreed to serve.
Expected longevity. Pick someone likely to outlive you. If choosing parents or older siblings, name a younger backup.
Geographically accessible. Can attend court if needed; can handle in-person tasks. Non-resident executors complicate administration substantially — in Ontario, for example, an executor living outside the Commonwealth generally must post a bond (often around twice the value of the Ontario estate assets) before the court will grant probate, unless a judge waives it for special circumstances; requirements vary by province, so confirm the current rule where the estate will be administered.[2]
No major conflicts with other beneficiaries. If choosing one child over others, ensure the choice won't create lasting family conflict.
Available capacity. Estate work takes time; choose someone whose life circumstances allow it.
Common choices
Spouse. Often appropriate when healthy, organised, capable. Many couples name each other.
Adult child. Common; pick the one most capable rather than oldest or favourite. Discussing the role with all adult children reduces conflict.
Sibling. Useful when spouse is elderly or when adult children aren't ready.
Close friend. Valid choice if no family is suitable; ensure the friend has time and capability.
Professional executor. Trust companies (CIBC, TD, BMO, others) or specialised lawyers. Cost similar to family executor (3-5% of estate). Appropriate for complex estates, no suitable family, or expected family conflict.
Single executor or co-executors?
Single executor with named backup — usually best. Decision-making is clean; no deadlock risk.
Co-executors — sometimes appropriate when balancing different perspectives (one detail-oriented sibling + one diplomatic sibling), but introduces coordination overhead and deadlock risk.
Three or more co-executors — generally too many. Coordination costs typically exceed benefits.
Naming a backup
Always name at least one backup executor. Reasons your primary might not serve:
- They predecease you
- They become incapacitated
- They decline to serve (it's allowed)
- They live too far for practical administration
Naming a backup prevents the court from appointing an administrator if your primary can't serve.
Compensation
Canadian executors are generally entitled to reasonable compensation — typically cited as 3-5% of estate value as a rule of thumb (varies by province and complexity). Family executors sometimes waive compensation; professional executors always take it. Compensation is taxable income.
Telling the executor
Critical. The named executor should:
- Know they've been named
- Have agreed to serve
- Know where the will is stored
- Have basic information about your estate (the Life Discovery Kit helps)
- Know who your lawyer/accountant/key contacts are
Surprises at death cause problems and can delay administration.
What we focus on at It's Simple Will
The will questionnaire prompts you to name both an executor and a backup. The Life Discovery Kit provides your executor with the practical information they'll need on day one.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts Section — Canadian Bar Association
- [2]Estates Act, R.S.O. 1990, c. E.21, s. 6 — security required from a non-resident executor — CanLII
Frequently asked questions
Who can be an executor?
Most Canadian provinces require — age of majority, mental competence, not bankrupt. Province-specific rules apply. Can be a Canadian resident or non-resident (though non-residents complicate administration; Canadian residents preferred).
What makes a good executor?
Trustworthy, organised, willing, likely to outlive you, geographically accessible (or comfortable handling things remotely), patient (estate administration takes 12-24 months typically), without major conflicts of interest with other beneficiaries.
Should I pick my spouse?
Often appropriate when spouse is healthy, organised, and able to handle the work. Some couples each name the other; others name an adult child or backup. Consider the spouse's likely emotional state and capacity at the time of your death.
Adult child or sibling?
Common choices. Pick the one most temperamentally suited to detail-oriented administrative work. Avoid choosing based on birth order or guilt; choose based on capability. If multiple adult children, picking one and naming the others as backup avoids implicit hierarchy.
Co-executors — good idea?
Mixed. Two co-executors can balance each other (one detail-oriented, one diplomatic). But co-executors must agree on decisions; deadlock causes delays. For most estates, single executor with named backup works better than co-executors.
What about a professional executor?
Trust companies (CIBC Trust, TD Trust, etc.) and some lawyers serve as professional executors. Cost — typically 3-5% of estate value (same as family executor compensation but the family gets no inheritance reduction). Appropriate for complex estates, no suitable family, or family conflict situations.
Should I tell them?
Yes — always. The person should know they've been named and have agreed to serve. Surprises at death (executor learning at the funeral) cause problems. Many people named as executor don't know it.