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

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 (eg utilities) of the death.

What happens next

If the estate is worth $10,000 or more, and there was a will, the executor will have to apply to the BC Supreme Court for a Grant of Probate. If the estate is worth $10,000 or more and there is no will, someone (usually the next-of-kin) will have to apply to the BC Supreme Court for Letters of Administration. It is only after obtaining one of these court orders and following some additional formalities that the estate should be distributed.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• People’s Law School. See their publication, “Choosing an Executor, Being an Executor”.
• Legal Services Society Publications: “How to Make a Will and Settle an Estate: A Guide for First Nations People Living on Reserve”.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.

The Self Counsel Press also has excellent publications on administering estates, including “BC Probate Kit”. This publication is available at most bookstores and most Service BC (Government Agent) Offices, or by ordering online at http://www.self-counsel.com/ca/.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this Guide. Make sure you bring copies of all documents relating to your case.

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."

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."