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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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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. | 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 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. | 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. The Ministry of Justice website includes [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_probate.htm fillable probate forms]. | ||
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. | ||
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* The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1003 I am the executor of my mother's will and am doing the work myself]," "[http://www.clicklaw.bc.ca/question/commonquestion/1112 I'm applying for probate; where can I find the forms required?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for further resources. | * The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1003 I am the executor of my mother's will and am doing the work myself]," "[http://www.clicklaw.bc.ca/question/commonquestion/1112 I'm applying for probate; where can I find the forms required?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1114 Is a will different for people who live on reserve?]" for further resources. | ||
The [http://www.self-counsel.com/ca/ Self-Counsel Press] also has excellent publications on administering estates, including the '' | The [http://www.self-counsel.com/ca/ Self-Counsel Press] also has excellent publications on administering estates, including the ''British Columbia Probate Kit''. This publication is available at most bookstores and most Service BC (Government Agent) offices. | ||
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | ||
