Can Someone Who Lives Outside BC Be the Executor of a BC Will?
This answer covers the law of British Columbia.
Whether a named executor who lives outside British Columbia can act depends on the facts, so it is worth confirming your situation with a lawyer. The listed grounds for removing a personal representative do not include living outside BC. Applications for probate are made at any BC Supreme Court registry.
The usual steps still apply. The applicant must make a diligent search and inquiry for the deceased's property and liabilities, submit an Application for Search of Wills Notice, and deliver a notice of proposed application (Form P1) and then wait at least 21 days before applying. Security is generally not required for a grant of administration, except where a minor, or a mentally incapable person without a suitable nominee, is interested in the estate, or where the court orders security on an interested person's application. Whether any bond applies to an executor living outside BC is worth confirming with a lawyer.
If a grant was already made in another Canadian province or territory, or another prescribed jurisdiction, that representative may apply to have it resealed in BC, giving notice, disclosing BC property and providing security if required. An attorney appointed by a foreign personal representative may apply for a grant limited to the BC estate.
Key takeaways
- Living outside BC is not among the listed grounds for removing a personal representative.
- Probate applications are made at any BC Supreme Court registry, with a wills notice search and a Form P1 notice followed by a wait of at least 21 days.
- A personal representative appointed in another Canadian province or territory may apply to have that grant resealed in BC.
- An attorney appointed by a foreign personal representative may apply for a grant limited to the deceased's BC estate.