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Difference between revisions of "I Am the Executor or Administrator of an Estate"
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I Am the Executor or Administrator of an Estate (view source)
Revision as of 20:46, 16 March 2017
, 20:46, 16 March 2017→What happens next
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== What happens next == | == What happens next == | ||
If there was a will, the executor may apply to the BC Supreme Court for a ''grant of probate''. If there | If there was a will, the executor may apply to the BC Supreme Court for a ''grant of probate''. If there was a will, but the executor or executors are unable or unwilling to act, then someone may apply for a grant of administration with will annexed. If there was no will, someone (usually the next-of-kin) will have to apply to the BC Supreme Court for a ''grant of administration''. The person to whom administration is granted is called the administrator. | ||
To apply for a grant of probate or | To apply for a grant of probate or grant of administration with will annexed, the person applying must give notice of the proposed application to the beneficiaries, the will-maker’s spouse and children, and certain other family members. Someone applying for administration must give notice to those entitled to a share in the estate and to creditors who are owed $10,000 or more. In some cases, a person applying for a grant must also give notice to other persons, such as a minor's guardian. | ||
Certain affidavits must be completed and filed in court, together with the originally-signed version of the will. If the original will cannot be found, in some circumstances a copy may be probated. The affidavits will include an inventory of the assets and the debts of the person who died. | Certain affidavits must be completed and filed in court, together with the originally-signed version of the will. If the original will cannot be found, in some circumstances a copy may be probated. The affidavits will include an inventory of the assets and the debts of the person who died. | ||