Ten Steps to Being an Executor
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Stephen Hsia in March 2019. |
When the will-maker dies, the executor’s responsibilities include:
- safeguarding the property left behind,
- paying for the funeral arrangements,
- locating the property, also known as assets of the estate,
- paying any debts and taxes, and
- distributing what remains of the estate to the people named in the will (the beneficiaries).
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The executor is bound to act for the good of the estate, even though they may also be a beneficiary. The executor must put the interests of the estate before their own personal interests. As a trustee, the executor is accountable to the beneficiaries. For example, as executor, you must keep records and give all beneficiaries a final statement of accounts. |
Step 1. Find the will
The first step is to locate the will.
The original will may be in the will-maker’s home, in a safety deposit box, or at the office of the lawyer or notary public who drafted the will.
If you need to look in a safety deposit box for the original will, make an appointment with the bank. You’ll need a key to the box, your own identification, and a copy of the death certificate. If you can’t find the key, the bank may permit the box to be drilled open for a charge.
If the will is in the safety deposit box and names you as executor, the bank will let you take the will. With a bank representative, you must make a list of the contents of the box and leave the list in the box before you remove any contents. You’ll need a copy of this list if you probate the will.
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.
See the Vital Statistics Agency website for the application form, the current fee, and instructions. Their contact information is:
- Vital Statistics Agency
- Victoria: 1-250-952-2681
- Toll-free: 1-888-876-1633
- Web: gov.bc.ca/vitalstatistics
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.
After locating the will
Once the will is in your hands, you’ll need to confirm:
- If there are instructions about the will-maker’s wishes for organ donation, burial or cremation, and their funeral or memorial service.
- Whether you need to probate the will. If so, you’ll need the original will.
- That the will you have is the most recent one. People can make multiple wills over their lifetime.
- If you’re named as the executor.
 Being an Executor © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
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