I Am the Executor or Administrator of an Estate
If a person dies with a will, they normally appoint an executor to pay their debts and protect and distribute their property.
If a person dies intestate (without a will), someone - usually a family member - has to apply to be the administrator of the estate. This administrator then distributes the estate to the next-of-kin according to rules in the Estate Administration Act.
First steps[edit]
- If you are the executor of a will or likely to be the administrator of an estate, the only step usually required before the funeral is to make sure the deceased’s property is safe and secure.
- Locate the deceased's will.
- Notify creditors and others (e.g., utilities) of the death.
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The law about estates is somewhat different if the deceased was a registered Indian ordinarily resident on an Indian reserve at the time of his or her death. Administration is handled through Aboriginal Affairs and Northern Development Canada. An AANDC Estates Officer can provide information about estates on reserve. Toll-free: 1-888-917-9977. |
What happens next[edit]
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 letters of administration. The person to whom letters of administration are granted is called the "administrator".
To apply for probate the executor must send copies of the will to beneficiaries and certain other family members, with a notice that the executor intends to apply for probate. 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 if there is one. The affidavits will include an inventory of the assets and the debts of the person who died.
Once a grant of probate or letters of 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 are waiting periods before he or she can distribute the estate. If there is no will, the administrator must wait at least one year from the date of death before distributing the estate. The executor must wait six months from the date of probate if the person who died left a spouse, common-law spouse or children.
Where to get help[edit]
See the Resource List in this Guide for a list of helpful resources. Your best bets are:
- The People's Law School publication "Being an Executor".
- Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, and Private Bar Lawyers.
- The Clicklaw common questions "I am the executor of my mother's will and am doing the work myself", "I'm applying for probate; where can I find the forms required?" and "Is a will different for people who live on reserve" for further resources.
The Self-Counsel Press also has excellent publications on administering estates, including the "BC 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.
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This Guide explains the law and legal procedures in general. It is not intended to give legal advice on your particular legal problem, and should not be relied on for that purpose. Information in this Guide is accurate as at November 2012. Please note that fees and guidelines outlined in the Guide are subject to change. |