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 (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 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

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.

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.

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."

(1) A popular misconception under which people believe they are married to each other simply because they have lived together, or (2) a popular misnomer describing the legal relationship between long-term cohabitants. Common-law marriages have never been lawful in British Columbia. See "common-law marriage," "married spouse," and "unmarried spouse."

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."