Can I be the executor of a BC estate if I live outside British Columbia?
This answer covers the law of British Columbia.
Whether you can act as executor from outside British Columbia depends on the facts, but the court's starting point is proof of the deceased's connection to British Columbia, such as being ordinarily resident or domiciled here at death. You can apply at any B.C. Supreme Court registry, and you do not need a lawyer.
Your Form P1 notice must state the city and country where you ordinarily live and give an address for service. A self-represented party needs an email address if available, plus an accessible address within 30 kilometres of the registry, which must be a location in British Columbia. Without one, you need a postal address in British Columbia or a fax number.
For administration, you do not have to provide security unless a minor or a mentally incapable person without a nominee is interested in the estate, or the court requires it on application by an interested person. In an administration application, the P1 notice must tell recipients they may apply for a security order. Whether a court asks for security in a particular case depends on the facts, so it is worth confirming with a lawyer.
Key takeaways
- The court looks for proof of the deceased's connection to British Columbia, such as being ordinarily resident or domiciled here at death.
- Your Form P1 notice must state the city and country where you ordinarily live and give an address for service.
- A self-represented applicant needs an email address if available, plus an accessible address within 30 kilometres of the registry, which must be a location in British Columbia.
- For a grant of administration, security is not required unless a minor or a mentally incapable person without a nominee is interested or the court requires it.