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Difference between revisions of "I Am the Executor or Administrator of an Estate"
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I Am the Executor or Administrator of an Estate (view source)
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If there was a will, the executor may apply to the BC Supreme Court for a ''grant of probate''. If there is no will, someone (usually the next-of-kin) will have to apply to the BC Supreme Court for a ''grant of administration''. The person to whom administration is granted is called the administrator. | If there was a will, the executor may apply to the BC Supreme Court for a ''grant of probate''. If there is no will, someone (usually the next-of-kin) will have to apply to the BC Supreme Court for a ''grant of administration''. The person to whom administration is granted is called the administrator. | ||
To apply for probate the executor must | To apply for probate the executor must give notice of the proposed application to beneficiaries and certain other family members, creditors and others. Someone who is applying for administration must give notice of the application to those who are entitled to a share of the estate, and may need to get a consent to the application from others who would also be able to apply as well as from creditors. | ||
Certain affidavits must be completed and filed in court, together with the original will | Certain affidavits must be completed and filed in court, together with the originally-signed version of the will, or if the original does not exist, a copy of the will. The affidavits will include an inventory of the assets and the debts of the person who died. | ||
Once a grant of probate or administration has been issued by the Supreme Court of BC, the executor or administrator will have full authority to deal with the estate assets. He or she must pay the debts of the person who died. He or she must also file tax returns in respect of that person, and apply for a clearance certificate from Canada Revenue Agency. He or she then distributes the estate to the beneficiaries. | Once a grant of probate or administration has been issued by the Supreme Court of BC, the executor or administrator will have full authority to deal with the estate assets. He or she must pay the debts of the person who died. He or she must also file tax returns in respect of that person, and apply for a clearance certificate from Canada Revenue Agency. He or she then distributes the estate to the beneficiaries. | ||
There | There is a waiting period before the executor or administrator can distribute the estate. He or she must not distribute the estate until 210 days following the date of issue of the grant, unless all beneficiaries and intestate successors consent to earlier distribution. | ||
== Where to get help == | == Where to get help == | ||
