Aside from familial and personal obligations after losing a friend or family member who has named you as the executor in their will, there are many obligations and tasks to get started on. Executors are often unsure about where and how to start their work. Here are some initial tasks to keep in mind for when that time comes.

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​1. Locate the will and obtain notarial copies 

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​​In order to start your work as an executor, you will need to locate the original will. There can only be one original will, meaning the testator (the deceased) would have only signed one. In some cases, the testator has the original in their possession, and it’s a matter of searching their home for that original document. However, in other cases, the testator may only have a copy of their will, and the original is stored elsewhere. The first place to look is the law firm that assisted with the preparation of the will, if any.

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If a law firm did assist with the will, you will need them to prepare notarial copies of the will. This means a true copy, verified by a notary public. You will need numerous notarial copies of the will during your work on administering the estate, so it’s helpful to get these at the outset. You can contact the law firm for assistance in obtaining notarial copies of the will.

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2. Understand the estate

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In the search for the testator’s will, it is also helpful to review the records they have to get a clear picture of what the estate involves, and what assets and liabilities you will ultimately need to deal with. This would include looking for key documents such as statements relating to any bank accounts, debts such as loans or credit cards, property, pensions, or insurance policies. Once you gain an understanding of what institutions may hold assets and debts of the deceased, you may reach out to those institutions to alert them as to the testator’s death so they can freeze the accounts or take other necessary action.

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​3. Obtain a death certificate 

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In most places, this would mean the Vital Statistics Death Certificate from the province of residence of the testator. You must ensure that the Certificate of Death has been ordered, as it does take some time for the certificate to arrive. If the testator’s arrangements included a funeral service, then you will also need to obtain a Funeral Director’s Declaration of Death (or similarly named) which can take the place of the provincial death certificate in most cases. Be sure to get numerous copies of the Declaration, as it’s likely that many places will need it during your administration of the estate. The funeral home will generally assist in ordering the Death Certificate, so feel free to ask them for assistance with this task.

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​​​​​4. Apply for Probate, if required 

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Once you understand what is involved in the estate and have the key documents in hand (original will and death certificate or declaration), you will need to determine whether or not you need to apply for probate. This will depend on the nature and value of the testator’s assets. For example, if the testator has property (land), then you likely need to apply for probate. In other instances, the financial institutions can advise the executor if probate is required for the assets of the testator to be released to them and the beneficiaries.

 

If it is not clear as to whether you require probate, or if you have determined you do need to apply for probate, it is most helpful to speak with a lawyer about the process. Probate is required based on the specific circumstances of the estate, and where it is required, involves a specific set of documents and evidence and can be difficult to navigate without the guidance of someone who is familiar with the process. Lawyers who practice estate administration can be an extremely valuable asset in your job as an executor.​​​​​​​​​​​​​​​