I Am the Executor or Administrator of an Estate

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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 the Resource Guide in Part 2 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.