- Some waiting is built into the process, because an executor generally cannot distribute the estate within 210 days after the grant is issued unless the court orders it or the required people consent.
- You can ask for accounts, and a beneficiary can apply to the BC Supreme Court to have the accounts passed.
- If an executor is unresponsive or unwilling to act so that administration is hampered, any person with an interest in the estate can apply to the court to remove or pass over the executor.
Waiting for an estate to be settled is hard, especially when the executor does not return calls or emails. Some of the delay may be normal, and some may not be. Knowing the difference helps you choose a sensible next step.
This article walks through the options in British Columbia in the order most people try them: understanding the timeline, asking in writing, requiring accounts, and going to court. It explains how things generally work and is not advice on your own situation.
This article covers the law of British Columbia.
First, is the executor actually late?
Estates take time even when everything goes well. Except by court order, a personal representative must not distribute the estate within the 210 days after the grant is issued. That period can be skipped if all beneficiaries with an interest and all persons who could bring a wills variation claim consent. Where there is no will, it can be skipped if all intestate successors entitled to a share consent.
Other tasks also take time. A personal representative may publish a notice in the Gazette asking creditors to present claims within a stated period of at least 30 days. The deceased's final tax return has its own due date, and a representative who distributes assets without a CRA clearance certificate is personally liable for unpaid amounts, up to the value of the assets distributed. The clearance certificate should be requested only after all required returns are filed, notices of assessment are received, and amounts owing are paid or secured.
So silence from an executor is frustrating, but a gap before you receive your share is not always a sign of a problem. A lack of any communication at all is a different matter.
Step one: ask in writing
A calm, written request is usually the best first move. It creates a record and sometimes solves the problem. A personal representative has authority over the estate and must use it to administer and distribute the estate and to account to the people they owe a duty to account to. The notice of proposed application you received before probate was also required to tell beneficiaries that the applicant has to provide an accounting of how the estate was administered and how its assets were distributed.
- Ask what has been done so far and what remains.
- Ask whether the grant has been issued and when.
- Ask about creditor notices and tax filings.
- Ask for a realistic timeline and set a reasonable date for a reply.
- Keep copies of every message and note any phone calls.
Step two: require accounts
If the executor will not give you information, the law gives you formal tools. A person beneficially interested in the property can serve notice requiring annual accounts. An executor, administrator or trustee under a will must also pass accounts within two years of appointment.
A personal representative or any person interested in an estate may apply to the BC Supreme Court to have the accounts passed. The personal representative must file a statement of account affidavit in Form P40, while a beneficiary who applies must file an affidavit explaining why an accounting is required. If every interested person other than the applicant has consented to the accounts, the passing of accounts may proceed under Rule 8-3.
Step three: court options when the delay continues
| Option | What it does |
|---|---|
| Apply to pass accounts | Brings the executor's record of the estate before the court. |
| Apply to remove or pass over the executor | Any person with an interest in the estate may apply; grounds include being unable, unresponsive or unwilling to act to the extent it hampers administration. |
| Start a proceeding for the estate | A beneficiary may do so with leave of the court, after showing reasonable efforts to get the personal representative to start or defend the proceeding. |
| Executor asks for directions | An executor may petition the court for directions on managing estate property. |
An application to remove, substitute or pass over a personal representative is brought under Supreme Court Civil Rule 25-14(1)(d)–(f), and it must be personally served on each personal representative for these orders. If the court removes a representative, it must generally appoint a substitute who consents to act, and the former representative's grant is revoked. If the executor is also a trustee, removal as personal representative does not remove them as trustee, so a separate application may be needed.
What to do next
Court is usually a last resort because it adds cost and time. Rules on how applications are brought have been amended recently, so check the current process before you file anything.
- Write down the dates of your contact with the executor and any promises made.
- Send a written request for an update and an accounting.
- Consider serving a notice requiring accounts if you are beneficially interested.
- Speak with a lawyer about whether an application to pass accounts or to remove the executor fits your situation.
Frequently asked questions
How long does an executor have to finish an estate in BC?
The legislation does not set one finish date for all estates. An executor must pass accounts within two years of appointment, and generally cannot distribute within 210 days after the grant is issued unless the court orders it or the required people consent.
Can I force an executor to give me an accounting?
A person beneficially interested can serve notice requiring annual accounts. A beneficiary can also apply to the BC Supreme Court to have the accounts passed, and must file an affidavit explaining why an accounting is required.
Can a slow executor be removed?
Any person with an interest in the estate may apply to the court to remove or pass over a personal representative. One ground is being unable, unresponsive or unwilling to act to the extent it hampers administration.
Why can't the executor pay me yet?
There may be a good reason. Distribution is generally barred for 210 days after the grant, and the executor may be dealing with creditors and tax clearance.
Sources
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Part 25 (BC Laws) — bclaws.gov.bc.ca
- Wills, Estates and Succession Act, SBC 2009, c. 13 (BC Laws) — bclaws.gov.bc.ca
- Trustee Act, RSBC 1996, c. 464 (BC Laws) — bclaws.gov.bc.ca
- Canada Revenue Agency – Filing and payment due dates (deceased persons) — canada.ca
- Canada Revenue Agency – Clearance certificate — canada.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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