Intestacy, Probate, and the Role of the Executor

When a client dies, the estate still has to be managed whether the planning documents are strong or weak. This is why WME questions test intestacy, probate, and the executor’s role together. These concepts explain what happens when there is no workable will, how legal authority is established, and who must carry out the administration process.

What It Means to Die Intestate

A person dies intestate when there is no valid will that directs the estate. At a high level, that means provincial or territorial succession law determines who inherits and who can apply to administer the estate.

The main consequences are:

• the client loses control over who receives estate assets
• the client loses control over who will manage the estate
• family members may face delay, conflict, and court involvement
• the distribution may not match the client’s real wishes

For exam purposes, the key point is loss of control. Intestacy does not mean the estate disappears. It means the law fills the gap instead of the client.

Why Intestacy Creates Practical Problems

Intestacy is especially problematic when the client has:

• a blended family
• minor children
• business interests
• unequal fairness objectives
• illiquid property that may be hard to divide

In those cases, the statutory default may be a poor substitute for a tailored will.

Probate at a High Level

Probate is the court process used to confirm a will and or confirm the authority of the personal representative, depending on the circumstances and the jurisdiction. The exact forms and terminology vary by province. In Ontario, for example, the court may issue a Certificate of Appointment of Estate Trustee.

At a high level, probate matters because it may:

• confirm that a financial institution can rely on the executor’s authority
• delay access to some assets
• create filing requirements and estate administration tax or probate fees
• make estate administration more formal and more visible

Students do not need detailed probate calculations for most WME questions. They do need to know why probate can affect timing, cost, and administration.

When Probate Is More Likely to Matter

Probate is more likely to matter when:

• assets are held solely in the deceased’s name
• a financial institution or land registry requires proof of authority
• there is uncertainty about the will or the administrator
• the estate includes property that cannot be transferred informally

Some assets may pass outside the estate under other arrangements, but students should not assume probate is irrelevant just because beneficiary designations exist somewhere in the plan.

The Role of the Executor or Estate Trustee

The executor, often called the estate trustee in some jurisdictions, is the person responsible for administering the estate. At a high level, the executor’s job is to act for the estate, not for one beneficiary against another.

Core responsibilities include:

• locating the will and confirming the governing documents
• securing assets and records
• identifying debts and liabilities
• determining whether probate is required
• valuing assets and keeping accurate records
• paying valid debts, taxes, and administration costs
• distributing the remaining estate according to the will or applicable law

The role is administrative, legal, and practical. It can also be time-consuming and emotionally difficult.

Why Executor Choice Matters

Students should not treat the executor appointment as a formality. The wrong choice can create delay or conflict, especially when:

• the estate is complex
• the named person is elderly, ill, or unavailable
• the named person is likely to clash with beneficiaries
• the estate includes business or cross-border issues

If a fact pattern highlights executor weakness, that issue may affect the estate-planning recommendation directly.

Example

A client dies owning a house, a non-registered investment account, and a private corporation, but no valid will is found. One child assumes the assets should simply be divided equally, while another wants to manage the estate. The immediate issue is not investment allocation. The estate first needs legal authority to be established under the applicable intestacy and estate-administration process.

Exam Focus

In scenario questions, the best next step is often to confirm authority before action. If the estate has not yet established who can act, beneficiaries should not be treated as if they already control the assets directly.

Common Pitfalls

• assuming family members can distribute assets immediately without formal authority
• assuming probate is only about fees and not about authority
• ignoring executor suitability in complex estates
• forgetting that intestacy means the law decides, not the client
• assuming every asset passes through probate in the same way

Key Takeaways

• Intestacy means the client has lost control over estate distribution and administration.
• Probate matters because it can establish authority, create cost, and affect timing.
• The executor or estate trustee must gather assets, settle liabilities, and distribute the estate properly.
• In WME cases, authority and document validity often come before investment implementation.

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