What Happens If an Executor Dies Before Finishing the Estate in BC?
This answer covers the law of British Columbia.
What happens depends on timing. If the executor outlived the will-maker but died without obtaining probate, the appointment ends and the estate is administered as if they had never been named. If they died after obtaining probate, their own executor takes on their rights, powers and liabilities for that estate.
Someone else then has to step in. If no named executor will or can apply, the court may grant administration with will annexed to others in the statutory order of priority, or in special circumstances appoint any person it considers appropriate. Surviving co-executors can still act where others did not join the application, and trustees' joint powers may pass to the survivors unless the will says otherwise.
If a personal representative dies partway through, a person may apply to be substituted by filing the death certificate, an affidavit and an affidavit of delivery. A sale of land by only some joint representatives is not valid without court approval, unless an exception applies. An executor, administrator or trustee can also ask the court for directions on managing the estate. A lawyer can confirm which situation applies to you.
Key takeaways
- If the executor died before obtaining probate, the appointment ends and the estate is administered as if they had never been named.
- If the executor died after obtaining probate, their own executor takes on their rights, powers and liabilities for that estate.
- When a representative is removed or discharged, the court must appoint a consenting substitute unless administration is complete or no new appointment is needed, and the old grant is revoked.
- A former representative must hand over estate property and records within 30 days of a substitution order.