What does an executor do in British Columbia?
This answer covers the law of British Columbia.
An executor looks after a deceased person's estate from start to finish: finding the will, listing what the person owned and owed, paying valid debts, filing tax returns and distributing what is left. In BC, the law calls the executor a personal representative, and once in office they have the same authority over the estate as the deceased would have had, subject to the will and other laws.
Applications for probate or administration are made at any BC Supreme Court registry. Before applying, the applicant must deliver a notice of proposed application (Form P1) and then wait at least 21 days. The applicant must also make a diligent search and inquiry for the deceased's property and liabilities. A grant gives the personal representative exclusive authority to administer the estate.
Distribution comes last. An executor must not distribute the estate within 210 days after the grant is issued, unless the court orders otherwise or the required people consent. Distributing while debts remain unpaid may lead to being held personally liable. Exactly which steps apply depends on the estate, so it is worth confirming with a lawyer.
Key takeaways
- An executor's basic duties include listing all assets and debts, paying valid debts, filing tax returns and distributing the estate.
- Before applying for probate, the applicant must deliver a Form P1 notice and then wait at least 21 days.
- Before distributing property, a legal representative must obtain a clearance certificate from the Minister of National Revenue, or risk personal liability for unpaid tax up to the value of the property distributed.
- An executor can ask the court for advice or direction on a question about managing the estate.