Heritage Trust
By Nicole Garton
May 21st, 2025
Top Ten Common Estate Administration Pitfalls & Tips on How to Avoid Them
Even well-intentioned executors can make mistakes that lead to delays, legal issues, or personal liability. Here is a top ten list of common pitfalls in estate administration, with tips on how to avoid them. By being aware of these, you can proactively take steps to stay on track and out of trouble.
- Failing to Keep Proper Records
Keep Clear Records – Avoid poor tracking, lost receipts, or commingled funds. - Early or Undue Distributions
Pay Debts and Taxes Before Distributions – Avoid premature payouts that could create liability. - Ignoring or Missing Tax Obligations
Fulfill All Tax Obligations – Avoid missed returns and ensure you get CRA clearance. - Not Communicating with Beneficiaries
Communicate Transparently – Avoid silence that leads to mistrust or disputes. - Favoritism or Unequal Treatment
Act Impartially – Avoid real or perceived favoritism or self-dealing. - Overlooking Assets or Debts
Search Thoroughly for Assets and Debts – Avoid missed accounts, bills, or creditor claims. - Blurring Executor and Personal Roles
Separate Personal and Executor Roles – Avoid conflicts of interest or fiduciary breaches. - Missing Deadlines (Probate, Filings, Etc.)
Track and Meet Deadlines – Avoid penalties, delays, or legal setbacks. - Undervaluing or Overvaluing Assets
Ensure Fair Market Value – Avoid undervaluing or mishandling asset sales. - Not Seeking Help When Needed
Seek Professional Help When Needed – Avoid costly errors by knowing when to delegate.
