Starting Off Right: The Executor’s First Steps

28 Jun Starting Off Right: The Executor’s First Steps

You’ve just received an upsetting call that your loved one has passed away. You may be sad or even shocked – but you are also the executor of the estate. During the first few weeks following the death, the work of the executor can be incredibly labour intensive. There are so many details to consider that it can be overwhelming.

However, being prepared and staying organized can help. Collecting important information about the estate ahead of time means that the initial tasks can begin more smoothly. This doesn’t mean the executor needs to know everything, but it does mean that the executor should know where to find the will and what the preferences are for burial.

During the first few days and weeks after the death, attending to these tasks should be the priority:

Find the will. There may be instructions in the will that relate to funeral arrangements and organ donation, so finding the will is of utmost importance. Ideally, the executor even has a copy of the will in his or her possession.

Make funeral arrangements. After taking care of any preferences for organ donation, the executor can make the funeral arrangements and share the information with the family. The plans should align with what is in the will, regardless of what the family requests. If the will doesn’t specify any preferences for the funeral, the executor can consult with the family. In terms of costs, it’s important to note the following:

• Reasonable costs of the funeral can be charged to the estate. However, if the family requests anything exceptionally extravagant, it must be funded by the family.
• Putting a funeral notice in the paper may be charged to the estate.
• The cost of travel to a funeral should not be charged to the estate.

Arrange for care for small children and pets. It’s critical to ensure that any dependent children and pets have the care they need. However, because the will may specify who will have the responsibility for care in the long term, the executor should make sure everyone understands that the plans for the short term may be temporary.

Request several copies of the official death certificate. The executor will need several formal, authorised copies of the death certificate in order to present them to banks, insurance companies and other organizations. Request them immediately as they can take time to arrive.

Hire a lawyer.The job of the executor is complicated, and some steps will require a lawyer’s help. More specifically, the lawyer will need to prepare the application for probate (see below) as well as pass on accounts and property. Retaining a lawyer in the early stages can make the process easier.

Ensure the family’s financial needs are met. Many families have urgent financial needs in the aftermath of a death, especially if small children or other dependents are involved. There are often ways to meet these needs before the will is ready to be distributed. Consulting with the surviving spouse or another decision maker can help determine whether the family has any immediate needs.

Probate the will. When a will is probated, the courts recognize the will as the deceased’s last will and testament. This helps the executor because it gives the executor the authority to act on behalf of the deceased.

Arrange for a meeting with all beneficiaries.The beneficiaries are the people who may receive money or other assets from the will. They are the ones who will be most interested in what the will has to say, likely even before the executor has had a chance to look at the will in any detail. Setting up a meeting with the beneficiaries opens up the lines of communication and gives all parties a chance to establish mutual trust and respect

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Miscellaneous:

• Dispose of perishables in the home.
• Notify pension sources to stop payment.
• Arrange for bills to be paid.
• Redirect mail to the executor’s address.
• Cancel or suspend email accounts.
• Cancel health insurance coverage, driver’s license, cable, telephone, club memberships, all magazine and newspaper subscriptions, credit cards. Obtain any refunds where appropriate.

To learn more about the role of the executor, contact us.