Difference between revisions of "I Am the Executor or Administrator of an Estate"

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(Created page with '{{Template:Legal Help Guide TOC}}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 …')
 
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== Where to get help ==
== Where to get help ==
See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:
See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:
*42-People’s Law School. See their publication, “Choosing an Executor, Being an Executor”.
*[[People’s Law School]]. See their publication, “Choosing an Executor, Being an Executor”.
*31-LawLINE.
*Legal Services Society Publications: “How to Make a Will and Settle an Estate: A Guide for First Nations People Living on Reserve”.
*35-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]].
*1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-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 www.self-counsel.com/ca/.
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 (page 57). Make sure you bring copies of all documents relating to your case.
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.




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Revision as of 21:48, 29 April 2010

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]

  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[edit]

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[edit]

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

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.