You've been named executor. What happens first?

The first 72 hours

For a Muslim family the funeral happens almost immediately, while nothing administrative is in place yet. Knowing the sequence in advance is what keeps the two from colliding.

1. Obtain the funeral director's statement of death — get several copies.
2. Arrange ghusl, kafan and salat al-janazah through the masjid or funeral home.
3. Take the funeral invoice to the deceased's bank; most will release funds for funeral costs specifically.
4. Locate the original will before anything is moved or cleared out.
5. Do not distribute anything to anyone, however obvious it seems.

What the role actually involves

An estate trustee gathers the assets, pays the debts and taxes, and distributes what is left. It is a fiduciary role, and the liability is personal.

1. Locate the will and confirm it is the most recent.
2. Apply for a grant of probate if the institutions require one.
3. Inventory and secure the assets; notify banks, insurers and government.
4. Publish a notice to creditors.
5. File the final return and any estate returns.
6. Obtain a CRA clearance certificate.
7. Distribute, and account to the beneficiaries.

Where executors get personally caught

Three failures account for most executor liability, and all three are avoidable.

• Distributing before debts and taxes are settled — the shortfall becomes yours.
• Failing to search properly for a will, then administering as an intestacy when one later surfaces.
• Mixing estate funds with your own instead of opening a dedicated estate account.

The Islamic dimension

The classical counterpart is the wasi, who settles the deceased's affairs and carries out the wasiyyah. The role is described as an amanah — a trust — and the sequence of payment is close to the Canadian one.

Where the two differ is pace. Islamic practice favours prompt settlement; Canadian administration routinely takes a year because of tax clearance. An interim distribution with an adequate holdback is the usual way to reconcile them.

Common questions

Can I refuse the role?

Yes, by renouncing — but only before you have started acting. Once you have intermeddled in the estate, renouncing becomes much harder.

Do I have to use a lawyer?

Not legally, but most executors do for anything beyond a simple estate. The fees are an estate expense.

How long do I have?

The customary 'executor's year' is the period before beneficiaries can press for distribution. It is an expectation, not a deadline.