Next Steps to Take After the Death

When a loved one dies, there are several things to take care of in addition to making the funeral arrangements. Other matters to look after include safeguarding the property the deceased left behind, notifying organizations of the death, and inquiring about survivor benefits.

Dealing with the property left behind

If the deceased left a will, the executor named in the will is responsible for settling the estate of the deceased. Settling the estate involves locating the property owned by the deceased, paying any debts, the funeral costs and taxes, and then distributing the estate according to the instructions in the will. If the loved one died without a will, a person must apply to court for permission to settle the estate.

The People’s Law School publication Being an Executor covers the steps involved in British Columbia in dealing with an estate after a person dies.

Locating the will

Locating the will, if the deceased left one, clarifies who has been named executor. The will may also have instructions about the deceased’s wishes for organ donation, burial or cremation, and their funeral service.

The will may be in the deceased’s home, in a safety deposit box, or at the office of the lawyer or notary public who drafted the will.

To check on the location of the will, you can search the Wills Registry maintained by the Vital Statistics Agency. If the deceased filed a notice of their will with the registry, the search will indicate the location of the original will.

Safeguarding the deceased’s property

The executor named in the will is responsible for protecting the assets until the estate is ready to be distributed. If an executor is not involved, those close to the deceased can help protect the assets.

For example:

• If the deceased’s home is not occupied, make sure the home is secured, appliances turned off, and any pets are looked after. If the home is to remain vacant, tell the police.
• Make sure any vehicle owned by the deceased is locked in a safe place.
• Safeguard any wallet, purse or briefcase owned by the deceased.
• Secure the deceased’s key pieces of identification, such as their social insurance card, medical card, driver’s licence, and passport.

Property that passes directly on death

Not all things owned by the deceased form part of the estate. Certain types of assets “pass outside the will.”

For example, property owned jointly by the deceased and someone else automatically becomes the exclusive property of the other joint owner. If you had a joint bank account with the deceased, you can withdraw the whole amount from the account at any time. If you encounter difficulties, speak to the bank manager. Once you have the death certificate, you can have the account transferred to your name alone.

Who to notify of the death

You should contact organizations and government departments to notify them of the death or cancel services. For example:

• notify financial institutions where the deceased held accounts
• cancel any credit cards
• cancel any subscriptions or club memberships
• cancel any Old Age Security or Canada
• Pension Plan benefits received by the deceased
• cancel the deceased’s passport and driver’s licence

Usually the executor or administrator of the estate will also send a change of address to Canada Post so that mail intended for the deceased goes to a safe location while they are dealing with the deceased’s estate.

Survivor’s pensions and benefits

If the deceased contributed to a government or private pension, their spouse and dependents may be entitled to a survivor’s pension or a death benefit. For example:

• Canada Pension Plan (CPP) survivor’s pension: If the deceased contributed to the CPP, a survivor’s pension is paid to their surviving spouse or common-law partner. The survivor is responsible for applying for their monthly pension.
• CPP children’s benefits: If the deceased made sufficient contributions to the CPP, a children’s benefit is paid to any surviving child under age 18 or between ages 18 and 25 if in full-time attendance at school. The child or their parent or guardian are responsible for applying for this monthly benefit.
• CPP death benefit: The CPP death benefit is a one-time, lump-sum payment paid to the estate or a survivor of a deceased CPP contributor. If an executor or administrator is involved, they should apply for the death benefit on behalf of the estate.

With public and private pensions, the estate or the survivor is entitled to keep any cheques issued in the month the deceased passed away.

If the death was the result of a work incident, a car accident, or a crime, benefits may be available to assist the survivors:

• Workers’ compensation benefits: If the death was the result of a work incident, benefits may be available as workers’ compensation through WorkSafeBC at [1].
• ICBC benefits: If the death was due to a car accident, benefits are available from ICBC at www.icbc.com. Regardless of who was responsible for the accident, certain funeral expenses and survivor benefits are payable.
• Victims of crime assistance: If the death was a result of a crime, assistance may be available to survivors from the Crime Victim Assistance Program. Call 1-866-660-3888 or contact cvap@gov.bc.ca.

Seeking bereavement support

Grieving is an important process that requires more time than people often acknowledge or allow. Support during time of bereavement can help bring healing, renewal, and hope for the future.

Family and friends can be a great source of comfort. Expressing your feelings with them can help you in the grieving process.

The BC Bereavement Helpline is a free and confidential service that helps people in BC cope with grief. See the “Where to Get Help” section for contact information.

Updating your own legal affairs

If you have lost your partner, you may need financial advice or help reorganizing your banking arrangements.

In time, you may wish to review your own will and any other personal planning arrangements such as a power of attorney, advance directive, or representation agreement. See the People’s Law School publication Power of Attorney as well as the website Clicklaw at www.clicklaw.bc.ca.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2012.

A Death in Your Family © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

Something which can be owned. See "chattels" and "real property."

The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

In law, a calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account," "bill of costs," "Certificate of Costs or Expenses" and "lawyer's fees."

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A person authorized to administer affirmations and oaths, and to execute or certify documents. All lawyers are notaries public in addition to being barristers and solicitors. See "barrister and solicitor.”

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

In law, (1) a lawyer's bill to their client or a statement, or (2) a person's recollection of events.

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

(1) A person charged with the legal care of someone under a legal disability. (2) A term under the Family Law Act referring to a person, including a parent, who is responsible for the care and upbringing of a child through the exercise of parental responsibilities. See "disability," "parental responsibilities" and "parenting time."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."