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 Wills, Estates and Succession Act.

First steps

1. 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.
2. Locate the deceased's will.
3. Notify creditors and others (e.g., utilities) of the death.

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

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 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.

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 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 or there is a court order approving earlier distribution.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Access Pro Bono, Lawyer Referral Service, 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.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Drew Jackson, April 2014.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

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."

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

Dying without a will. In such circumstances, the distribution of the dead person’s estate is governed by the Wills, Estates and Succession Act. See also "estate," "inheritance" 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.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

The process of checking the validity of a will, distributing a dead person’s estate, and settling their debts according to the instructions set out in that person's will. See "estate" and "will."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

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

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."