What Should an Executor Do First After a Death in British Columbia?

Being named executor often arrives at the worst time. You are grieving, and you are also expected to start managing someone's affairs. The early weeks are mostly about understanding what the estate owns and owes, and not rushing to hand anything out.

This article walks through the first practical steps in British Columbia. It is not a walkthrough of filing for probate. It explains your basic role, the searches and notices that come first, and the mistakes that can leave an executor personally exposed.

This article covers the law of British Columbia.

What being an executor gives you, and what it asks of you

In BC, a deceased person's estate vests in the personal representative once that person takes office or is appointed. Until then, it vests in the court if there is no executor or no will. Once you are in office, you have the same authority over the estate as the deceased would have had, subject to the will and to other laws.

BC government guidance describes an executor's basic duties as listing all assets and debts, paying valid debts, filing tax returns and distributing the estate. A grant of probate or administration then gives the personal representative exclusive authority to administer the estate.

Find out what the estate owns and owes

Anyone applying for a grant of probate or administration must make a diligent search and inquiry for the deceased's property and liabilities. In practice, that means collecting paperwork before you contact anyone.

• Locate the original will and the death certificate.
• Gather bank, investment, pension and insurance statements.
• Look through mail, tax papers and online accounts for debts and regular bills.
• List real estate, vehicles and valuable personal items.
• Keep a written record of everything you find and every step you take.

Land passes to the personal representative in the same way as personal property, and the representative holds it as trustee for the beneficiaries. You should not sell or transfer property until you know your authority is in place.

Searches and notices before you apply

An applicant for probate or administration must submit an Application for Search of Wills Notice, even if they believe they already hold the original last will. The application must include two certificates showing the results of that search.

You must also deliver a notice of proposed application (Form P1) to the persons the Supreme Court Civil Rules require. Then you must wait at least 21 days after delivering it before you apply.

The application also needs an affidavit of assets and liabilities: Form P10 for a domiciled estate, or Form P11 for a non-domiciled estate. Applications are made at any BC Supreme Court registry.

Banks, creditors and the waiting periods

Each financial institution sets its own policy, often a maximum amount it will release without a grant of probate. Ask each institution what it requires before assuming it will release or freeze funds.

To deal with creditors, a personal representative may publish a notice to creditors and other claimants in the Gazette, setting a deadline of at least 30 days. If you dispute a claim and give notice, the claimant must start a court proceeding within 180 days after the notice, or after the claim falls due if it was not yet due.

A personal representative must not distribute the estate within 210 days after the grant is issued, unless the court orders otherwise. There are exceptions. For example, early distribution may be possible with the consent of all beneficiaries and everyone who could bring a wills-variation claim, or, where there is no will, all intestate successors entitled to a share. Even after 210 days, court consent is needed if a proceeding that may affect the distribution is under way.

Protect yourself, and know your options

Distributing the estate while debts remain unpaid may make an executor personally liable for them. Taxes add a second layer. Before distributing property, a legal representative must obtain a clearance certificate from the Minister of National Revenue. Distributing without one makes the representative personally liable for the unpaid tax, up to the value of the property distributed.

The CRA says to request the certificate on Form TX19 only after all returns are filed, notices of assessment are received and all amounts are paid or secured. Form GST352 is also needed if the deceased had a GST/HST number.

• If you are unsure how to handle a question about the estate, you may petition the court for its opinion, advice or direction without starting any other proceeding.
• If you do not want the role, a named executor may renounce, and the estate is then generally administered as if you had never been named. You renounce by filing a Form P17 Notice of Renunciation.
• If you are already cited to accept or renounce, a named executor who does not obtain probate within 6 months after service of the citation is deemed to have renounced, unless the court extends the time.

What to do next

• Decide whether you are willing to act, and renounce before acting if not.
• Secure the original will and order death certificates.
• Build a full list of assets and debts, with dates and sources.
• Submit the Application for Search of Wills Notice.
• Prepare and deliver Form P1 to the right people, and note the date.
• Ask each bank about its release policy.
• Hold off on distributions until debts are dealt with and the CRA clearance certificate is in hand.
• Speak with a lawyer if the estate is large, contested or unclear.

Frequently asked questions