What Every Executor Needs to Know: A Guide to Administering an Estate in New Brunswick

Cassey LeBelle | June 16, 2026

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Upon the passing of a close friend, colleague, or family member, you’ve been appointed as their chosen executor and now wonder what this means.

Being named an estate executor is a profound honour, but an honour that comes with significant responsibilities and duties. If you have been appointed to, and accepted, this role in New Brunswick, you are charged with managing someone’s estate—that is, their accumulated life savings and whatever property they legally own at the time of their death—along with their final wishes. You also have the responsibility to resolve any debts of the Estate.

While this process can feel overwhelming, understanding your duties and knowing when to call in professional help can make all the difference. Here is what you can generally expect from your first steps to the final receipt.

Before You Start

It should be noted that you have the right to refuse the role of executor. While it is a great honour—usually asked of a close friend, a family member, or a trusted confidant—it is not a small undertaking. For many Estates, it can take months or even years to complete all the tasks. You can decline before beginning the work—it is highly preferable to do so while the testator is still living and asking you to take on the role—though it is possible to decline the role after the individual passes away if you no longer wish to serve. If you formally step down, and no alternate executor is named in the Will, the Probate Court of New Brunswick can appoint an alternate executor or a court-approved administrator to settle the Estate, provided you have not already begun managing the estate, either by taking control of bank accounts, settling debts, paying bills, moving property, etc.

If you choose to decline the role before starting any work, you can do so by filing a formal Renunciation (Form 2AA) with the New Brunswick Probate Court. By signing this, you are formally declining your right to probate the Will, allowing the court to pass responsibility to a backup executor or an administrator.

If you, as an executor, have already started managing the Estate, walking away becomes more difficult. At this point, you have stepped into the role, accepted the fiduciary risk and bear responsibility for the assets. To step down as Executor, you must apply to the Probate Court for permission to be removed, and you need to submit a proper and complete accounting of the Estate’s finances to ensure no impropriety or error before it can be passed to the appointed successor.

Personal Liability

The responsibility and demands of an executor are not trivial. If you do something wrong—such as distributing money to beneficiaries before paying off the deceased’s taxes or creditors—you can be found personally liable for your errors. That means you could end up paying for the financial loss you caused out of your own pocket to the beneficiaries, creditors, or the tax authority.

Duties of the Executor

The core duty of an executor is to settle the affairs of a deceased person in an orderly, legally compliant manner. However,

1. Probate the Will

In certain circumstances, you may be required to submit the original Will to the New Brunswick Probate Court for validation before you can fully manage the Estate. Probate is the legal process where the court reviews the Will, confirms you are the rightful executor, and issues a formal document called Letters Probate. This document grants you court-recognised authority to carry out many of your duties. If probating the will is required, external institutions like banks and public institutions like the Land Registry Office will not allow you to transfer, sell, or access major assets.

Once you have confirmed legal authority, your next job is to identify, locate, and take physical possession of all the Estate’s assets. You are legally responsible for preserving and maintaining them for the beneficiaries until they are sold or distributed.

If the Estate includes real estate (like a house, condo, or cottage), the Executor must ensure there is appropriate property insurance, pay the utility bills, maintain the properties, and manage any tenants. If such property needs to be sold, you must take all necessary steps to sell it for fair market value to protect the financial health of the Estate.

2. Setting Up an Estate Bank Account

The estate’s money must be kept completely separate from your own personal funds. An Estate bank account should be opened as soon as possible. Use this account to deposit all Estate income (such as investment payouts or refunds) and to pay all Estate expenses and debts. This creates a clean, centralised paper trail. If you are ever required to provide a formal accounting of your financial management to the court or the beneficiaries, all the evidence will be clearly organised in one place.

3. Pay Expenses, Debts, and Liabilities

You must track down and pay all of the deceased person’s debts and financial obligations. This includes everything from ongoing utility bills and property insurance to outstanding mortgages, lines of credit, vehicle loans, and any outstanding legal claims against the deceased. It is also important that every single debt be paid in full before you distribute any money or specific bequests to the beneficiaries.

4. Tax Filings

As executor, you are responsible for preparing and filing all necessary tax returns for both the deceased person and the estate with the Canada Revenue Agency (CRA). This includes declaring all deferred taxes and previously unreported income. If the deceased was behind on their personal taxes, you must file those outstanding returns as well. Tax mistakes carry heavy penalties. It is highly recommended that you hire a professional accountant to assist you in this step.

5. Distribute Specific Gifts

This is, of course, what most people imagine when they think of the duties and responsibilities of an executor. Once debts and taxes are accounted for, you can begin fulfilling specific instructions left in the Will. If the testator left specific physical gifts—such as jewellery, a vehicle, family heirlooms, or fixed sums of cash—you must oversee the safe transfer of these items to the intended beneficiaries.

Always be sure to obtain a signed, formal release form from each recipient acknowledging that they received their gift, ideally dated and witnessed by another person.

The Timeline

Administering an Estate, as mentioned, is no small undertaking. It can be a gruelling marathon, depending on the size of the Estate and the complexity of the Will. In New Brunswick, a standard Estate administration often takes anywhere from several months to over a year, depending on the assets and whether probate is required.

A common rule is the “Executor’s Year,” which gives executors a reasonable 12-month window to gather assets and address debts before beneficiaries can expect (or demand) distribution.

Settling the Estate

At the end of the Estate administration process, you will make the final distribution to the residual beneficiaries—those who inherit the remaining assets after specific gifts and debts are paid, often as specific percentage-based shares.

Before handing over any funds, you must follow a careful closing procedure, including:

1. Determine exactly how much each beneficiary is entitled to receive.
   

2. Provide an accounting of the Estate’s finances.
   

3. Secure a signed release from each recipient, confirming that they agree with your accounting to protect you from future liability regarding their share.

Executor Compensation

Ordinarily, you are entitled to be paid for your time and labour as Executor. In New Brunswick, if the Will does not specify a set fee, executors are legally entitled to “fair and reasonable” compensation, in accordance with the Trustees Act. While a customary 3% to 5% of the estate’s total value may be reasonable, the exact amount depends on the complexity of the Estate. The beneficiaries or the Probate Court must also approve this amount before you pay yourself.

When to Involve a Lawyer

Because of the steep learning curve and the risk of personal liability, an executor should seek out legal advice very early in the process—ideally, when they first find out they’re named as a trustee or an executor in a Will.

An executor may require assistance in administering an Estate, navigating the New Brunswick Probate Court system, or need legal counsel to defend against a formal challenge made against the Estate.

Specifically, Estate lawyers can help you by:

• Giving tailored advice on the legal rights and responsibilities of executors and administrators.
  

• Preparing and submitting the technical paperwork required by the New Brunswick Probate Court.
  

• Helping to avoid common Estate planning and Estate administration errors that lead to delays or family disputes.
  

• Handle litigation on Estates and Wills if a conflict arises or the Will is contested.
  

• Representing beneficiaries if they require an independent review of how an Estate is being handled.
  

• Serving the Estate’s legal needs, such as real estate transfers, corporate business successions, or cross-border tax issues.

You Don't Have to Do This Alone

An executor’s job is vital, demanding, and bound by strict legal parameters. Fortunately, you don’t have to do this job alone. Our team at Whitehead Miles & Allen LLP are happy to provide you with step-by-step instructions on what you need to do as an executor and to guide you safely through the legal process from start to finish.

Contact our office today to ensure the Estate you are managing is settled correctly, efficiently and with total peace of mind.