Cadence is an easy-to-use website that provides estate settlement services. Our self-service solution is complemented by Cadence Advisors who can lend expert support to users, whenever they need it. Cadence’s Executor Assistant provides executors with: 

• Personalized task lists for executors
• Step-by-step instructions for tasks, customized according to location
• Document auto-filling for speeding up paperwork
• On-demand support from Certified Executor Advisors

If you’re like most people, you probably don’t think much about your estate planning until it’s time to make those big decisions about what to do with your assets after death. However, even if the thought of estate planning seems daunting or unnecessary, it can actually help with these decisions.

Estate planning is important because it helps everyone involved in the distribution of your assets after your death, whether they are relatives or friends. Estate planning can help to protect assets from taxes and creditors, as well as provide a plan for the distribution of those assets after your death.

Estate planning is also important because it can save you money. Your heirs will inherit property, but not all of it will be worth as much as the total value of all of your property combined. If you have an estate plan that specifies what will happen to each asset and how much each asset will be worth, then there’s less chance that someone could get stuck with an asset that has no value at all.

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An executor is the person who administers a person’s estate upon their death. An executor may also be known as an “estate representative” or an “administrator.” 

The executor is appointed in advance of the death, through the will, and their job is to carry out the deceased person’s wishes based on instructions spelled out in the will. 

They are responsible for making notifications, filing legal paperwork, closing accounts, paying taxes, ensuring that debts are paid, and distributing the assets (what a person owns) to the intended beneficiaries.

An administrator is appointed by the court to deal with an estate in the following situations:

• there is no will
• the will fails to appoint an executor
• the executor(s) named are unable to act

An administrator will take on the same responsibilities as an executor.

You should choose an executor that is:

• Trustworthy
• Detail-oriented
• Living reasonably close to you
• Somewhat knowledgeable of their responsibilities and duties
• Likely to survive you

You can choose a family member or close friend. Alternatively, you can hire an estate professional in the case of a complex estate. 

It is a good idea to name a back-up executor in the case that your first choice is unable to accept the role. People named as an executor have a right to decline the role. Be sure to have a discussion with family members to advise them of your choice of executor so that there are no surprises.

Probate is a court-supervised process for validating a deceased person’s will and appointing someone to administer the estate or deal with all the assets and debt left behind by the deceased. 

Once the court determines the will is valid, the court permits the executor to execute the will and administer the estate. When there is no will, the next-of-kin or another individual can apply to be authorized by the court to take on this role. 

An application for probate may be required in the following circumstances:

• There is property solely in the name of the deceased (as examples, a house, cabin, mineral rights, land, etc.)
• The bank or other third party has requested it to release the funds
• There are minor beneficiaries
• The deceased owned stocks, bonds, or shares in a public company
• “The estate” is the named beneficiary on an insurance policy
• There is a lawsuit relating to the estate

Probate refers to a court-supervised process for administering an estate and distributing the proceeds of the estate. Letters Probate formally recognizes that a will is valid and that an executor is entitled to deal with the estate.

Applying for probate reduces potential liability and the chance of a claim being brought against the estate or the estate representative. However, probate may not be required in the following situations:

• There is no property in the estate
• Property or accounts are jointly held and transfer directly to the surviving owner 
• The deceased was a First Nations member living on reserve
• The executor or estate representative does not require access to financial institutions (banks, investments, etc.)
• The value of the estate is small

If a person dies without a will, they are deemed to have died “intestate.” Each province/territory/state has its own intestate laws and these laws do not take into account the wishes of the family. If no will is located, the court will appoint an administrator to settle the estate.

‍If the estate is insolvent (i.e., if it has fewer assets than liabilities), the administrator will be advised to speak with a bankruptcy trustee. Whether there is a will or not, there are still tasks that need to be taken care of, but they could be delayed, made more difficult, or involve extra forms and tasks if there is no will.

It is possible to complete a court application and administer the estate without a lawyer. However, a lawyer may be necessary for large and/or complicated estates. It is recommended to work with a lawyer in the following situations: 

• If there are beneficiaries under the age of 18
• If there are disputes or disagreements between beneficiaries
• If the estate is large and complicated
• If the deceased owned a business
• If the deceased owned property outside of the province they lived in
• If there is a farm or mineral rights in the estate
• If there are assets that are difficult to appraise or sell
• If the estate cannot cover all debts

Cadence does not offer legal advice but we can refer you to a lawyer upon request. To learn more about Lawyers and Estates, follow this link.

Describe the item or answer the question so that A Certified Executor Advisor is a designation offered by CICEA which gives people a general understanding of estate settlement. CEAs advise executors through the entire estate settlement process. 

A CEA cannot act on behalf of the estate executor or administrator, but they can help their clients by offering guidance on a range of topics. Each of Cadence’s Advisors is a CEA.

It is important to note that CEAs do not exist in the USA. 

To learn more about CEA's, follow this link.