Deceased Person's Vehicle and ICBC Insurance in British Columbia

A car in the driveway after someone dies raises quick questions. Can a family member drive it, can it stay parked, should the insurance be cancelled, and how does it get into a beneficiary's name?

This page explains who has authority over the vehicle, how ICBC fits into the process, and what to confirm before you act. Some practical points depend on ICBC's own rules, so those are flagged for you to check.

This article covers the law of British Columbia.

Who has authority over the vehicle

A vehicle is estate property. The personal representative has the same authority over the estate as the deceased would have if living, subject to a contrary intention in the will and to any enactment. The representative must also administer and distribute the estate and account to beneficiaries and creditors.

A will may name an executor, and where there is no will a person can apply to handle the estate as administrator. If you are neither, check with the personal representative before you do anything with the vehicle.

Driving or parking it before the transfer

Whether a family member may drive or park the vehicle before it is transferred, and on what insurance, is something to confirm with ICBC or an Autoplan broker. Do not assume the existing policy covers a new driver.

• Ask the broker in advance whether the policy still applies and who is covered.
• Get the personal representative's agreement before anyone uses the vehicle.
• If the vehicle will sit unused, ask the broker about options for the policy.
• Keep the vehicle in a safe place and keep its documents together.

The ICBC steps

The Province lists items to deal with in the months following a death, including the ICBC driver's licence and the vehicle and policy, through an Autoplan broker. Contact a broker and tell them about the death.

How ICBC calculates any refund on a cancelled policy is not something to guess at. Ask the broker how the refund is worked out, who it is paid to, and what documents they want, since requirements can differ.

A death certificate is proof of death that can be ordered from the funeral home or the Vital Statistics Agency, and some services require a certified copy. Death certificates cost $27 by mail or $60 by courier, and take 2 to 5 business days to print plus mailing. Fees are set by regulation and can change, so confirm before paying. Whether the broker needs a certificate is worth asking before you order.

Transferring the vehicle to a beneficiary

If the will leaves the vehicle to someone, the personal representative generally handles the transfer as part of administering the estate. Institutions set their own rules on whether probate is required before they release assets or close accounts, and some require a grant of probate while others do not.

There is also a timing rule. A personal representative must not distribute the estate within 210 days after the representation grant is issued except by court order. Distribution within that period is allowed with the consent of beneficiaries or intestate successors.

If there is no will, the vehicle is dealt with under the intestacy rules, and funeral and administration expenses are deducted when calculating the net value of the estate before the spouse and descendant shares.

What to do next

• Confirm who the personal representative is, or who will apply.
• Find the registration, insurance papers and keys, and keep the vehicle secure.
• Call an Autoplan broker to report the death and ask about coverage, cancellation and refunds.
• Do not let anyone drive the vehicle until insurance is confirmed.
• Ask about the paperwork for a transfer to a beneficiary, and whether probate is needed.
• Get advice if the vehicle is disputed or the estate has debts.

Executors and administrators may be held personally liable for valid debts of the estate if they remain unpaid after the estate is distributed. That is a reason to be careful about handing over a vehicle too soon.

Frequently asked questions