How to Become Administrator of an Estate With No Will in British Columbia

When someone dies without a will, nobody has automatic written authority to deal with their bank accounts, home or debts. A relative usually has to ask the court for a grant of administration, which names an administrator to manage the estate.

The process is mostly notices and paperwork. This article walks through the usual order of steps in British Columbia so you know what to expect. Court rules and forms can be amended, so confirm the current versions before you file.

This article covers the law of British Columbia.

What an administrator is and where you apply

An administrator is the personal representative of a person who died without a will. You apply for the grant at any B.C. Supreme Court registry, and the application requires Form P2 (Submission for estate grant) and a wills notice search.

Once appointed, an administrator is conclusively deemed to have been the personal representative from the date of death. The intestacy rules also apply to any part of an estate that a will does not dispose of, so a will that leaves gaps can lead to a similar process.

Step one: give notice with Form P1

Before you apply, you deliver a notice of proposed application in Form P1. You may not apply until at least 21 days after delivering it.

On an intestacy, the notice goes to each intestate successor, or to each person who would be one if the estate exceeded the spouse's preferential share. If there is no such person, it goes to the Attorney General. It also goes to:

• each creditor with a claim over $10,000
• the Nisga'a Lisims government or a treaty first nation, if applicable
• anyone the court orders, or who has served a citation

Minors are given notice through a parent, a financial guardian or known addresses, and also the Public Guardian and Trustee. Mentally incompetent persons are notified through their committee or the Public Guardian and Trustee.

Ordinary mail is deemed delivered on the mailing date. Email or fax delivery counts only after the recipient acknowledges it in writing, and you must then swear a Form P9 affidavit.

Step two: the documents you file

For administration without a will, the court rules require the following filings:

• Form P2, the submission for estate grant
• Your affidavit as applicant in Form P5
• Form P8 for each additional applicant
• Two copies of the wills-notice search certificate
• Form P9 affidavits of delivery
• An affidavit of assets and liabilities: Form P10 if the deceased was domiciled in B.C., or Form P11 if not
• A translator affidavit (P12) for any non-English documents
• A renunciation (P17) or a deemed-renunciation affidavit (P34), where that applies

You must swear that a diligent search for a will was made, including electronic devices and third-party repositories. For administration without a will, you state that no testamentary document was found, or that any document found is believed invalid or irrelevant, with reasons.

The affidavit of assets and liabilities may be filed later. If assets or liabilities change, a supplemental affidavit in Form P14 or P15 must be filed promptly. Form P11 is used where the deceased was not domiciled or ordinarily resident in B.C..

Security and other issues that can come up

An applicant generally does not have to provide security for administering the estate. There are two exceptions: a minor or incapable person with no nominee is interested in the estate, or the court requires security on an interested person's application. If security is required, the court may accept any form or amount, or may restrict the administrator's powers without prior court or Public Guardian and Trustee approval.

The Form P1 notice must tell recipients that they may seek an order requiring security from the administrator, unless the applicant is the Public Guardian and Trustee.

If a surviving spouse exists, the personal representative must not dispose of the spousal home during the 180 days after the grant is issued, or any extended period, without the spouse's written consent. The only exception is where other assets cannot pay debts and a mortgage or charge on the home would not raise enough.

If nobody is willing or able to act, and what to do next

If no one is willing or able to be administrator, the Public Guardian and Trustee may administer the estate. It may refuse if the cost of administering would exceed the value of the estate's assets. The court may appoint the Public Guardian and Trustee only with its prior written consent, or if it applies.

Practical steps:

• Search carefully for a will, including phones, computers and online storage, and keep notes of where you looked.
• List the people who must receive notice, including creditors and any minors.
• Gather death records, asset statements and debt information for the assets affidavit.
• Confirm that you rank high enough to apply; see our article on the order of priority.
• Check the current forms and rules before filing, and speak to a lawyer if the family is divided or the estate is complicated.

Frequently asked questions