How much time does it take to settle an estate?

Settling an estate after someone dies can take a considerable length of time to complete, usually longer than you anticipate. Can it be settled in 6 months? Maybe, but it’s unlikely. 12 months? Sometimes, but in my experience it takes 12 – 18 months to settle most middle-class estates. “But I just have to cancel a few pensions and close the bank account”, you say. There is usually more to it than that, so without boring you with all the finer details, let’s talk about some of the time-consuming tasks.

stopwatch

The funeral is over now, family members have gone back home, and everyone is beginning to settle back in to their daily routine. But not the executor… that person’s role has just started. Since the will likely needs to be probated let’s begin with generating a list of assets and liabilities, including the values as of the date of death. This is an iterative process, requiring you to communicate with numerous companies and, since most of these companies require a copy of the death certificate, one will have to be mailed to them, or you will have to attend in person. Here are a few questions to get you thinking:

  • Where are the bank accounts, and what are the balances?
  • What is the outstanding balance on the mortgage of the house?
  • Are the monthly condo strata fees up to date?
  • Have property taxes been deferred?
  • What is the value of the Canada Savings Bonds and/or GIC’s? Hint: need to determine accrued interest.
  • If the person was self-employed, what is the value of the corporate shares?
  • Are there any assets and/or debts outside of Canada, such as a home in Arizona or Florida? Don’t forget about timeshares. You may have to file for probate again in these other jurisdictions.
  • What is the coin collection worth? Art? Hockey cards? Jewelry?

OK, the list of assets & liabilities is finished and you (or your lawyer) have prepared the probate documents. In my experience the probate registry usually takes 2 – 3 months to process the documents. Sometimes sooner, but don’t bank on it.

While you’re waiting for the Grant of Probate to be issued, we can prepare the home for sale, including deciding what to do with all of the possessions. Some things can be given to family members, some can be sold, and other items will need to be thrown out. Complete any necessary work in the home, such as painting and carpet cleaning.

If the deceased was self-employed there may be a company to manage. Someone will need to oversee the staff and there may be customers requiring attention. This company likely has value, so the executor needs to ensure the value is maintained. Consider professional assistance.

The terminal income tax return will need to be filed and, possibly, a Trust return for the estate itself. Each one will take time for Canada Revenue Agency to process, and you should also request Tax Clearance Certificates, again, each taking time for CRA to process.

so_far_so_good

Well, so far, so good. Although we’ve been at it for a number of months now, at least everything is progressing. But wait! One of the children is upset because he was written out of the will, so he files a lawsuit to challenge the terms of the will. Now all bets are off because it’s anyone’s guess how long it will take to settle this estate. Don’t kid yourself… this is becoming all too common, especially with the ever-increasing value of estates.

Now it’s time to distribute the proceeds of the estate. The assets have been sold, debts paid, tax returns filed, and lawsuits settled. Before distributing the money, the beneficiaries need to pass the accounts, meaning they need to approve the expenditures. This can be quick & easy, or long & drawn out. By the way, you were maintaining detailed bookkeeping records, right? Sorry, I forgot to mention that little detail earlier.

In addition to everything described above, the executor likely has other obligations, too, such as family and work. The executor may also have to research how to settle an estate in the first place, may be uncomfortable using a computer, and might simply procrastinate. But the clock keeps ticking while the beneficiaries are waiting.

To summarize, settling an estate can take a surprisingly long time and it can be very time-consuming.

Gregg Medwid is the owner and president of Executor Support, a firm based in Coquitlam, BC with expertise assisting executors and administrators in settling estates. The project management expertise and customer service focus Medwid brings to Executor Support ensures questions are answered and help is given when it is most needed.

This article is in no way intended to substitute for competent legal advice.

Gregg Medwid, Owner
Executor Support
gregg@executorsupport.ca
604-999-2106

http://www.ExecutorSupport.ca

About these ads

7 thoughts on “How much time does it take to settle an estate?

  1. I was wondering if there is a way to find out where in the process the executor is? I’ve emailed a few times without response. Is there a more formal/legal way to inquire that might get a response?

    • Hi Jeanne, I have forwarded your question to Gregg the author and he’ll be providing you an answer soon.

    • Jeanne,

      The executor is involved throughout the entire process, starting with arranging the funeral. All of the tasks I outlined in the article are performed by the executor. It’s a big job, but some people are inclined to do it by themselves, while other people ask for help.

      I hope I’ve answered your question. Thanks.

    • I’ve been an executor 4 times. My first reaction to your query is “why does she need to know?”

      People who have never executed an estate, or co-executed one, simply do not realize how much work there is, or how many tasks are ongoing in parallel timelines, until it all finally comes together near the end and letters go out to each beneficiary.

      In an ideal world each potential beneficiary would provide a reliable means of contact and the executor could then email out a brief ‘status report’ every few months and hopefully the beneficiaries would be satisfied with that. I tried that but peoples’ email addresses failed or they moved or changed their phone numbers and in the end I had to rely on other family & non-family persons to reconnect us. Also it is not really anyone’s business who the other beneficiaries are, or what they are ‘getting’.

  2. I’ve been an Executor 4 times now. n my experience its a thankless job.

    In the most-recent situation there were 9 beneficiaries, with 1 grandchild left out (he didn’t protest). Most of the verbal abuse came from beneficiaries’ spouses! One beneficiary would regularly leave a single question on my answering machine; “where’s my money?!” and hang up.

    It took over 700 days to get a RevCan clearance certificate because of their backlog of requests; if there had not been so much acrimony over the estate I would have simply taken the minimal risk myself & waived the request for a clearance.

    Some beneficiaries were rewarded handsomely by the deceased, who had been pretty much ignored by them. The smallest bequests went to those who had supported the elderly person in the last years of life. Wills & estates never seem ‘fair’ ! But its a job that someone has to do !

  3. Hi,
    My father just passed away. I live in the US but my family is in Canada. I believe my uncle is the executor. How can we make sure he does things lawfully and according to the will? Can I call the lawyer my father did his will out with and ask for specifics over the phone? I am unable at this time to travel to Canada for at least a couple months. I am concerned things won’t be done right or some in my family will hide assets in my fathers estate.
    Thank you for your much needed help!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s