Who Can Apply to Be Administrator of an Estate in British Columbia?

When someone dies without a will, no executor has been named, so someone has to step forward to manage the estate. That person is called the administrator. An application for a grant of administration can be made at any B.C. Supreme Court registry. Once appointed, an administrator is conclusively deemed to be the personal representative from the date of death.

You may be wondering whether you qualify. This article explains who has priority, how the court can depart from that order, and what the application involves.

This article covers the law of British Columbia.

The order of priority

Under WESA s. 130, the first priority to be granted administration on an intestacy is the spouse of the deceased, or a person nominated by the spouse. A child ranks next, applying with the consent of a majority of the children.

How the ranking continues below a child depends on the full wording of the statute, so a lawyer can confirm where you fit if you are a more distant relative or friend.

Priority is not absolute. Despite the priority rules, the court may appoint as administrator any person it considers appropriate, in special circumstances.

Age and where you live

How your age affects an application depends on your situation, so it is worth confirming with a lawyer. The Act does address a minor who is the sole executor under a will: the court may grant administration with will annexed to another appropriate person until the minor reaches 19 years of age. That rule applies where there is a will, not an intestacy.

Residency is also a point to confirm. The notice of proposed application must state the city and country where an individual applicant ordinarily lives, which shows that applicants are not all assumed to live in one place. Whether living outside the province affects your particular application is worth confirming with a lawyer.

Security and the court's protections

An applicant does not generally have to provide security for administering an 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 notice sent to intended recipients must also state that they may seek an order requiring security, unless the applicant is the Public Guardian and Trustee.

If no one is willing or able

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 itself.

What the application involves

An application can be made at any B.C. Supreme Court registry. It requires Form P2 (Submission for estate grant) and a wills notice search. The first step is delivering a notice of proposed application in Form P1, and you may not apply until at least 21 days after delivering it.

On an intestacy, the P1 notice goes to each intestate successor, to the Attorney General if there is none, and to each creditor with a claim over $10,000, among others. You must also swear that a diligent search for a will was made, including electronic devices and third-party repositories.

• Form P2 and your affidavit in Form P5.
• Two copies of the wills-notice search certificate.
• Form P9 affidavits of delivery.
• An affidavit of assets and liabilities in Form P10 for a domiciled estate or P11 for a non-domiciled estate, which may be filed later.

Once appointed, an administrator is conclusively deemed to be the personal representative from the date of death. Forms and rules can change, so check the current versions.

What to do next

• Work out where you stand in the order of priority, and whether anyone ranks ahead of you.
• Talk with the other family members, and get any consents or nominations in writing.
• Search carefully for a will, including on phones, computers and online accounts.
• List known assets, debts and creditors.
• Ask a lawyer to confirm your eligibility if you are not a spouse or child, live outside B.C., or expect disagreement.

Frequently asked questions