Ten Steps to Being an Exector: Difference between revisions
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If you can’t find the Will, you cannot proceed with probate. You must apply for a “grant of administration” to become the administrator | If you can’t find the Will, you cannot proceed with probate. You must apply for a “grant of administration” to become the administrator | ||
rather than the executor. The procedures are similar to those for probate, and you can use a self-help manual. | rather than the executor. The procedures are similar to those for probate, and you can use a self-help manual. | ||
==2. Arrange for burial or cremation.== | |||
Legally, the executor is responsible for arranging burial or cremation. Often people leave instructions about what they want. If there is any question about what the person wanted, the executor has the legal authority to decide. | |||
==3. Protect the assets.== | |||
As the executor it is your responsibility to protect the assets. For example, you may want to make sure they are insured and safe. You may wish to place valuable papers, cash, or jewellery in a safety deposit box. You may need to change the locks on the person’s house. If the person owned a business, you will need to arrange for its ongoing and proper management. | |||
==4. Obtain the death certificates.== | |||
The Division of Vital Statistics (see page 5 for contact information) handles this matter. They provide the forms you fill out and return. You may want to order more than one death certificate so you can deal with more than one institution at a time. There is a fee for each death certificate. | |||
==5. Probate the Will.== | |||
Probate is the procedure that confirms the Will can be acted on and that you have the authority to act as executor. If the person owned real estate, probate is required. | |||
Check with any institutions that hold the person’s assets to find out what they require. Sometimes financial institutions will not release the person’s money without confirmation of probate. It depends on how confident staff are that you have authority to act. If they know you and your relationship to the deceased, they may be satisfied just to see the death certificate and the Will. | |||
==6. Get probate forms.== | |||
The Probate Registry does not provide forms but the forms are set out in the new Probate Rules. New rules take effect March 31st, 2014. Forms are available in the Self Counsel Press publications, Probate Guide for BC and Probate Forms. Check for these products at local public library, bookstore, legal stationery store, or contact Self Counsel Press at: | |||
1481 Charlotte Road, North Vancouver, V7J 1H1<br/> | |||
604.986.3366 | |||
You will need to sign some of the documents in front of a lawyer, notary Public, or “commissioner for taking affidavits.” All court registries have a “commissioner for taking affidavits.” Some community groups do as well. When you sign, it means you are swearing or affirming that the information you are providing in the document is true. | |||
==7. Notify the beneficiaries.== | |||
You must notify all the beneficiaries named in the Will and anyone else who may have a legal claim on the estate such as a common-law spouse, children, or a separated spouse. You don’t need to have a gathering to “read the Will,” like in the movies. However, you must send them a copy of the Will and a copy of your Notice of Intent to Apply for Probate. | |||
==8. List the assets and liabilities.== | |||
The “Statement of Assets and Liabilities” is one of the forms you fill out for probate. It has four parts: | |||
* a list of property (the person’s home); | |||
* a list of personal property that forms part of the estate (cash, jewelry, furniture, Canada Pension, and death benefits); | |||
* a list of debts related to any specific property. | |||
Parts one and two ask the value of the assets at death. You need to give the amount or, if the asset has no value, put nil or none. To determine the market value of the person’s home, refer to the Property Assessment Notice. For other assets you may need to contact an appraiser or dealer. | |||
Do not list assets that are owned in joint tenancy or that name a specific beneficiary, such as an RRSP. These do not form part of the estate. | |||
If you cannot obtain information about all of the deceased’s assets you can still apply for a grant of probate or administration. The court registry will process your application and issue an “Authorization to obtain estate information”. This authorization can be taken to a financial institution and they will be obligated to provide you with the deceased’s financial information. | |||
If you are not sure you know about all the debts, you may wish to advertise to creditors who have claims against the estate. After March 31,2014 you only need to publish a notice in the BC Gazette. | |||
:'''Remember:''' If there is nothing to list under one of the headings on the form, write nil or none. Blank spaces may suggest that information is missing. This is one of the main reasons forms are rejected. | |||
==9. Apply to probate the Will.== | |||
In most cases, you don’t actually go to court to get probate. You need to fill out specific forms. Then take them, along with the original Will and the reply from the Wills search, to the Probate Registry of any Supreme court of British Columbia. | |||
To contact the local Probate Registry of the Supreme court look in the blue pages of your telephone book under Province of British Columbia - Court Services. | |||
Or call Enquiry BC:<br/> | |||
Lower Mainland - 604.660.2421<br/> | |||
Outside the Lower Mainland - 1.800.663.7867<br/> | |||
You will need to pay a fee when you file the documents. At time of printing of this booklet the following fees applied: | |||
* no fee for an estate where the gross value of the assets is less than $25,000. | |||
*$208, plus $6 for each thousand (or portion) over $25,000 to $50,000, and plus $14 for each thousand (or portion) over $50,000. | |||
These fees are subject to change. Call any Probate Registry in BC to check. To find the nearest Probate Registry call the Supreme Court of BC Probate Registry at: <br/> | |||
1.800.663.7867 <br/> | |||
or Vancouver Probate Registry at the Supreme Court of British Columbia at:<br/> | |||
604.660.2876. | |||
==10. Obtain probate.== | |||
After the registry staff determine that your forms are in order and the fees are paid, you will get a “Grant of Probate.” This is a legal document that allows you to deal with the estate. If your application is rejected, the staff will tell you the reason. You can correct the problem and reapply. | |||
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