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Answer to your first question is Yes. I don't know how you probate a U.S. will but it was no problem to probate my hubby's Canadian will in Canada and we were/are both legally non residents of Canada.

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16 minutes ago, Ferret said:

Answer to your first question is Yes. I don't know how you probate a U.S. will but it was no problem to probate my hubby's Canadian will in Canada and we were/are both legally non residents of Canada.

Yes.

I have had the same experience -no problems probating a Canadian will.

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Only one point re: Canadian Will. The executor must be a Canadian resident, or appoint someone who is.  Otherwise  province will require a HUGE bond to assure non-resident (even if Canadian) executor does not abscond with the assets!  Happened to a friend a couple of years ago. She ended up having to appoint the deceased person's bank to handle the probate..... which was a lesser cost than placing it in the hands of a Canadian lawyer.

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I guess it depends on which province you reside. I was the Executor of both my husband's and my mother's will and I am a non resident Canadian. But we all previously resided in Ontario. Or did you mean that the Executor must be a Canadian citizen?

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Maybe it's the province? I was referring to Alberta. Maybe it's the gross value of the estate? This one was a lot.                  Executrix in question was Canadian citizen  related to deceased, but non-resident. Her non--residency was the sticking point.

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The amount involved shouldn't be a problem so I would suspect each of the Provinces may have some different rules. In any case, make sure your wishes are iron clad in a number of different ways and hopefully taken care of well before your demise. 

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Alberta. An executor who is not a resident of Alberta is required to provide a bond unless there is a co-executor who is a resident of Alberta. The bond must be from an insurer licensed under the Insurance Act.

Executor Bonds are in place to ensure the Executor performs their duties according to law. Executor Bonds can protect against any potential fraud, errors, negligence, theft, or misrepresentation perpetrated by the Executor of the estate.

In Ontario, if the non-resident executor “resides elsewhere in the commonwealth,” no posting of bond is required. For example, an executor in Australia would be exempt from posting bond, but an executor in the United States wouldn’t.

General info for Canadians. You might want to confirm reg's in your home province (each seems to have own quirks) if you have a Canadian will and non-resident executor. In naming an executor, several things must be considered, including the executor’s residency and whether a bond or security is required to be posted for an out-of-jurisdiction (province or country) executor.

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Absolutely check it out! And, I will correct my previous statement since I wasn't the Executor, I was the sole beneficiary of both my mother's and my husband's wills. However, my wills have an executor but he is a Canadian citizen and is a resident of Ontario. Whew.

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Big difference my friend! Person in question my original comment was both executrix and sole beneficiary but as we can see, Alberta rules didn't care.

While we are also co-beneficiaries (each to other), In case of common disaster OR inability to perfrom we have BC resident as second named executrix.

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Got that covered too. BTW, do your heirs a favour. Clean up the old paperwork. I just finished shredding documents that ended up in FOUR large orange garbage bags. The house plans etc. from the Nayarit build and then its sale and on... and on... and on. It took me over two weeks to sort through all my mum's documents when she passed in 2009 and I swore I wouldn't leave the same kind of mess.

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