Ten Steps to Being an Executor - Revision history

Drew Jackson at 22:56, 21 March 2019

2019-03-21T22:56:49Z

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	{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= March 2019}}{{Being an Executor TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= March 2019}}{{Being an Executor TOC}}
	When the person who makes a will dies, their '''executor''' carries out the instructions in the will.		When the person who makes a will dies, their '''executor''' carries out the instructions in the will. Learn the main steps involved.

	== The executor's role, in a nutshell ==		== The executor's role, in a nutshell ==

Drew Jackson at 22:23, 21 March 2019

2019-03-21T22:23:24Z

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	=== A witness may be able to receive a gift ===		=== A witness may be able to receive a gift ===
	Check if anyone receiving a gift under the will is a witness. They ''may'' be able to inherit under a will. The witness has to apply to court and show that the will-maker intended to make the gift ''even though'' the beneficiary was a witness. If the court isn’t satisfied, the gift to the witness is void. Either way, the remainder of the will won’t be affected.		Check if anyone receiving a gift under the will is a witness. They ''may'' be able to inherit under a will. The witness has to apply to court and show that the will-maker intended to make the gift ''even though'' the beneficiary was a witness. If the court isn’t satisfied, the gift to the witness is void. Either way, the remainder of the will won’t be affected.


	~~{{Being an Executor Navbox}}~~

	~~{{Creative Commons for PLS~~
	~~\|title = Being an Executor~~
	~~\|author =~~
	}}
	~~__NOGLOSSARY__~~

	~~== You can name more than one person to act as executor ==~~
	~~Two or more people can be appointed to act jointly as your executors. Generally, they’ll~~
	have to make decisions and act together. They’ll have to agree on many things, such as the selling price of your home or who gets the family photo albums. If one of them dies, the other may be able to act alone, if your will allows it.

	If you choose three executors, your will should be clear on what happens if they disagree. You can include in the will a “majority rule clause.” In that case, if there’s a disagreement, the executors can vote and the majority decides. Or you may insist all decisions be made unanimously.

	~~{{PLSTipsbox~~
	~~\| text = If you’re thinking of appointing more than one executor, consider if they’d be a good team. You should discuss your wishes with all of them, preferably together.~~
	}}

	~~== How you can make the job easier for your executor ==~~
	~~You can help your executor by taking these steps:~~
	* '''Register your will''', and tell your executor where the original will is kept. It should be easy for them to access.
	* '''Keep an up-to-date, detailed record''' of everything you own and owe. For example, record your bank accounts, retirement benefit plans, insurance policies, real estate, and pension benefits. Note any items owned in '''joint tenancy''' or that name a specific '''beneficiary'''. The executor won’t have to manage these assets.
	* '''Explain your plans''' to family members, the beneficiaries, or anyone who may be legally entitled to a share of the estate. Talking with them now may prevent problems later.
	* '''Review your will''' and your choice of executor every few years, and consider updating it when your circumstances change.

Drew Jackson: /* Prepare and file income tax returns */

2019-03-21T22:21:43Z

Prepare and file income tax returns

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	If the deceased had assets or income in another country, you may need to file a foreign income tax return as well.		If the deceased had assets or income in another country, you may need to file a foreign income tax return as well.

	After the income tax is reported, assessed and paid, apply for a '''clearance certificate'''. For your own protection, you should have this certificate before you begin to distribute the estate. For more information, see the Canada Revenue Agency publication ''Preparing Returns for Deceased Persons'', available at [http://canada.ca/tax] or by calling 1-800-959-8281.		After the income tax is reported, assessed and paid, apply for a '''clearance certificate'''. For your own protection, you should have this certificate before you begin to distribute the estate. For more information, see the Canada Revenue Agency publication ''Preparing Returns for Deceased Persons'', available at [http://canada.ca/tax canada.ca/tax] or by calling 1-800-959-8281.

	== Step 9. Account to the beneficiaries ==		== Step 9. Account to the beneficiaries ==

Drew Jackson: /* Prepare and file income tax returns */

2019-03-21T22:21:24Z

Prepare and file income tax returns

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	If the deceased had assets or income in another country, you may need to file a foreign income tax return as well.		If the deceased had assets or income in another country, you may need to file a foreign income tax return as well.

	After the income tax is reported, assessed and paid, apply for a '''clearance certificate'''. For your own protection, you should have this certificate before you begin to distribute the estate. For more information, see the Canada Revenue Agency publication ''Preparing Returns for Deceased Persons'', available at canada.ca/tax or by calling 1-800-959-8281.		After the income tax is reported, assessed and paid, apply for a '''clearance certificate'''. For your own protection, you should have this certificate before you begin to distribute the estate. For more information, see the Canada Revenue Agency publication ''Preparing Returns for Deceased Persons'', available at [http://canada.ca/tax] or by calling 1-800-959-8281.

	== Step 9. Account to the beneficiaries ==		== Step 9. Account to the beneficiaries ==

Drew Jackson: /* Step 7. If necessary, apply for probate */

2019-03-21T22:19:49Z

Step 7. If necessary, apply for probate

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	As the executor, you may need to apply to court to '''probate''' the will. Probate is a legal process that confirms that the will is legally valid and can be acted on. Not all wills need to be probated.		As the executor, you may need to apply to court to '''probate''' the will. Probate is a legal process that confirms that the will is legally valid and can be acted on. Not all wills need to be probated.

	If everything’s in order, the court issues a '''grant of probate'''. This document allows other parties such as banks and the Land Title Office to be sure that you’re someone who’s authorized to deal with estate assets. See the section ~~below~~ on ~~“Probating~~ the Will.”		If everything’s in order, the court issues a '''grant of probate'''. This document allows other parties such as banks and the Land Title Office to be sure that you’re someone who’s authorized to deal with estate assets. See the section on “[[Probating the Will]].”

	=== Probate might not be required for small estates ===		=== Probate might not be required for small estates ===
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	=== If the will-maker owned land ===		=== If the will-maker owned land ===
	If the will-maker owned land other than in joint tenancy, then probate is required. The Land Title Office will require you to provide a grant of probate to transfer the land. This is so even if the will-maker’s interest in land is less than the $25,000 threshold.		If the will-maker owned land other than in joint tenancy, then probate is required. The Land Title Office will require you to provide a grant of probate to transfer the land. This is so even if the will-maker’s interest in land is less than the $25,000 threshold.

	== Step 8. Deal with debts and taxes ==		== Step 8. Deal with debts and taxes ==

Drew Jackson at 22:15, 21 March 2019

2019-03-21T22:15:43Z

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	== The executor's role, in a nutshell ==		== The executor's role, in a nutshell ==
			[[File:Being an Executor - Contents4.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	When the will-maker dies, the executor’s responsibilities include:		When the will-maker dies, the executor’s responsibilities include:
	* safeguarding the property left behind,		* safeguarding the property left behind,
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	== Step 1. Find the will ==		== Step 1. Find the will ==
	~~[[File:Being an Executor - Contents4.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]~~
	The first step is to locate the will.		The first step is to locate the will.

Drew Jackson at 22:14, 21 March 2019

2019-03-21T22:14:55Z

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	== Step 1. Find the will ==		== Step 1. Find the will ==
			[[File:Being an Executor - Contents4.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	The first step is to locate the will.		The first step is to locate the will.

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	== Step 2. Confirm the validity of the will ==		== Step 2. Confirm the validity of the will ==
	~~[[File:Being an Executor - Contents4.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]~~
	Once you’re confident you have the original and most recent version of the will, you’ll have to make sure it’s valid. A will might be invalid if:		Once you’re confident you have the original and most recent version of the will, you’ll have to make sure it’s valid. A will might be invalid if:
	* '''It was not properly signed or witnessed''': For example, a will must be signed at the end by the will-maker in front of two witnesses present at the same time.		* '''It was not properly signed or witnessed''': For example, a will must be signed at the end by the will-maker in front of two witnesses present at the same time.

Drew Jackson: /* Getting a copy of the death certificate */

2019-03-21T22:12:54Z

Getting a copy of the death certificate

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	=== Getting a copy of the death certificate ===		=== Getting a copy of the death certificate ===
	Some outside parties may need you to produce a copy of the death certificate before they will deal with you. You can get a copy of the death certificate from the funeral services provider or order one from the Vital Statistics Agency. See the Vital Statistics Agency website for the application form, the current fee, and instructions. If you want to deal with more than one institution at a time, you can order more than one death certificate.		Some outside parties may need you to produce a copy of the death certificate before they will deal with you. You can get a copy of the death certificate from the funeral services provider or order one from the Vital Statistics Agency. See the [https://www2.gov.bc.ca/gov/content/life-events/death/death-certificates Vital Statistics Agency website] for the application form, the current fee, and instructions. If you want to deal with more than one institution at a time, you can order more than one death certificate.

	=== After locating the will ===		=== After locating the will ===

Drew Jackson: /* How to search the Wills Registry */

2019-03-21T22:12:01Z

How to search the Wills Registry

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	=== How to search the Wills Registry ===		=== How to search the Wills Registry ===
	If you still can’t find the will, you can do a search of the Wills Registry by submitting a completed application form and fee to the Vital Statistics Agency. If a lawyer isn’t assisting you, you’ll need to provide a copy of the death certificate. You’ll be provided with a '''certificate of wills search'''. You’ll need a copy of this certificate if the will needs to be probated.		If you still can’t find the will, you can do a [https://www2.gov.bc.ca/gov/content/life-events/death/wills-registry search of the Wills Registry] by submitting a completed application form and fee to the Vital Statistics Agency. If a lawyer isn’t assisting you, you’ll need to provide a copy of the death certificate. You’ll be provided with a '''certificate of wills search'''. You’ll need a copy of this certificate if the will needs to be probated.

	See the Vital Statistics Agency website for the		See the Vital Statistics Agency website for the

Drew Jackson: /* How to search the Wills Registry */

2019-03-21T22:09:51Z

How to search the Wills Registry

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	: Victoria: 1-250-952-2681		: Victoria: 1-250-952-2681
	: Toll-free: 1-888-876-1633		: Toll-free: 1-888-876-1633
	: Web: gov.bc.ca/vitalstatistics		: Web: [http://gov.bc.ca/vitalstatistics gov.bc.ca/vitalstatistics]

	=== Getting a copy of the death certificate ===		=== Getting a copy of the death certificate ===