Most people spend more time picking a paint colour than choosing their executor. They name a spouse automatically, or a firstborn child out of a sense of fairness, without really thinking through what the job involves.
It's one of the most consequential decisions in your will, and one of the most commonly misunderstood.
What Does an Executor Actually Do?
In Ontario, the person you name in your will to carry out your wishes is formally called your estate trustee, though "executor" is still widely used and legally recognized. When you die, your estate trustee is responsible for:
Locating your will and filing it with the court (if probate is required)
Notifying government agencies, financial institutions, and beneficiaries
Taking inventory of your assets and having them valued
Paying your debts, taxes, and any ongoing expenses
Filing your final income tax return, along with a trust return if the estate earns income
Distributing what remains to your beneficiaries according to your will
This is not a weekend project. For an estate of any complexity, the process typically takes one to two years, sometimes longer. During that time, your estate trustee is personally liable for errors, including distributing assets before debts are settled or missing a tax filing.
The Mistake People Make Most Often
The most common mistake is choosing someone based on relationship rather than capability.
Naming your spouse feels natural, but think through what that actually means in practice. Your spouse will be grieving, possibly unfamiliar with your financial affairs, and suddenly responsible for managing bank accounts, real estate, tax filings, and legal paperwork. All of that, while still processing the loss.
Naming your eldest child is a similar instinct. It can feel like a mark of trust and respect. But if that child lives abroad, has no experience with financial administration, or tends to create friction with their siblings, the role may not suit them, regardless of how much you love them.
The right executor for your will is not necessarily the person closest to you. It is the person best positioned to do the job.
What to Look for in an Executor
When choosing an executor in Ontario, look for someone who is:
Organized and financially comfortable. They don't need to be an accountant, but they should be able to deal with banks, government agencies, and paperwork without becoming overwhelmed.
Available. Estate administration takes sustained time and attention over many months. Someone with a demanding job, young children, or health challenges of their own may not be able to commit.
Emotionally steady. Estate administration often puts people in the middle of family dynamics and competing expectations. Your executor needs to stay calm and act impartially, even when the conversations are hard.
In Ontario, or at least close by. Much of the work can be handled remotely, but having an executor in the same province makes things considerably easier. In fact, an executor living outside Canada faces real roadblocks: They may need to post a bond before the court will issue the Certificate of Appointment, and the CRA might determine that that the estate is non-resident for tax purposes, which can trigger adverse tax consequences.
Younger than you, if possible. It sounds obvious, but many people name a sibling or a peer of the same age. If that person predeceases you or becomes incapacitated, your estate may be left without a capable executor unless you have named an alternate.
Should You Consider a Professional Executor?
If you don't have a clear candidate, or if your estate is complex, your family relationships are strained, or you're concerned about conflict among your beneficiaries, a professional executor is worth considering.
Trust companies and estate lawyers can serve as estate trustees in Ontario. They bring experience, neutrality, and institutional continuity that a family member often cannot. The tradeoff is cost: professional executors charge fees, typically calculated as a percentage of the estate's value.
For many families, that cost is well worth it. A professional executor who knows the process may actually save money compared to the delays and legal fees that can result when an unprepared family member makes avoidable mistakes.
One middle-ground option is naming a professional co-executor alongside a family member. This combines someone who knew you personally with someone who knows the administration process.
Always Name an Alternate
Your first-choice executor may predecease you, become incapacitated, or simply decide not to accept the role when the time comes. Under Ontario law, an executor can renounce the appointment before they begin acting. Without an alternate named in your will, the court may need to appoint someone to fill the gap, adding delay, cost, and uncertainty to an already difficult time.
Naming an alternate executor is one of the simplest things you can do to protect your estate plan.
Talk to Your Executor Before You Die
This step gets skipped more often than it should.
Your executor should know they have been named, understand what the role involves, and know where to find your will, financial records, and any other key documents. Ideally, they should also understand the general shape of your estate: what you own, what you owe, and any specific wishes you have about how things should be handled.
Surprises are bad for estate administration. The more your executor knows in advance, the smoother the process will be for everyone left behind.
What Happens If You Name the Wrong Person, or No One at All?
If you die without a will, or without a named executor, the court will have to appoint one. That person may not be who you would have chosen, and the process of getting them appointed adds cost and delay before the estate can move forward.
The same outcome applies if you name someone who is unable or unwilling to act, and you have no alternate in place.
Choosing your executor is not a formality. It is one of the most practical decisions you can make for the people you leave behind.