If you are waiting to receive an inheritance, a year can feel like a long time. If you are acting as an executor, however, a year can pass surprisingly quickly when you are dealing with probate, property, debts, taxes and the many other responsibilities involved in administering an estate.
This often raises an important question: how long can an executor actually take to settle an estate in British Columbia?
You may have heard that an executor has one year to settle an estate. While the concept of an “executor’s year” does exist, it does not mean that every estate must be completely administered and distributed within exactly 12 months.
Most estates can reasonably take longer. The important question is whether the executor is moving the administration forward and whether there is a reasonable explanation for any delay.
Is There a Deadline for an Executor to Settle an Estate in BC?
There is no single deadline that requires every executor in British Columbia to completely settle an estate within a specific timeframe.
Under BC’s Wills, Estates and Succession Act (WESA), a personal representative has a duty to administer and distribute the estate and to account to beneficiaries, creditors and others to whom they have a legal duty to account.
How long that takes will depend on the circumstances.
A relatively simple estate involving a bank account and a few beneficiaries may be much quicker to administer than an estate involving real estate, a privately held company, assets in another jurisdiction or complicated tax matters.
This is where the concept of the executor’s year becomes important.
What Is the Executor’s Year?
The “executor’s year” is a common-law principle traditionally allowing an executor approximately one year to gather the deceased’s assets and settle the affairs of the estate (see: Yurkiw Estate (Re), 2025 BCSC 1026).
It is better thought of as a general guideline than a strict deadline.
The existence of the executor’s year recognizes that administering an estate takes time. Before beneficiaries can receive their inheritances, an executor may need to determine what the deceased owned, identify debts, apply for probate, deal with creditors, sell or transfer property, address tax obligations and complete other administrative work.
Beneficiaries should therefore not necessarily expect an estate to be distributed immediately after a person dies or even immediately after probate is granted.
At the same time, the executor’s year does not give an executor permission to leave an estate sitting indefinitely. Executors are expected to carry out their responsibilities and move the administration forward.
Does an Executor Have to Distribute the Estate After One Year?
Not necessarily. Reaching the one-year mark does not automatically mean that an executor must immediately distribute everything remaining in the estate.
There may be legitimate reasons why an estate cannot yet be fully distributed. For example, the executor may still be waiting for a property to sell, resolving a debt, dealing with tax matters or administering an unusual asset.
In some cases, it may be appropriate for the executor to make an interim distribution while retaining enough money in the estate to cover outstanding taxes, expenses and other liabilities.
The appropriate timing of a distribution will depend on the particular estate. An executor must be careful not to distribute assets prematurely if doing so could leave the estate unable to meet its remaining obligations. Such an executor may be found personally liable for those debts if they distribute early.
What Is the 210-Day Waiting Period in BC?
The executor’s year should not be confused with another important estate administration timeline in British Columbia.
Under WESA, a personal representative generally must not distribute an estate within the 210 days following the date a representation grant is issued, subject to certain exceptions.
For an estate involving a Will, an earlier distribution may be possible with the required consent of the beneficiaries and people who may be entitled to bring a wills variation proceeding. The Court can also authorize an earlier distribution in appropriate circumstances.
This waiting period is particularly important because a spouse or child of a deceased will-maker may be entitled to bring a claim seeking to vary the Will.
The end of the 210-day period does not, however, create a deadline requiring the executor to immediately distribute the estate. The executor still needs to make sure that it is appropriate and safe to do so.
When Is It Reasonable for an Executor to Take Longer Than a Year?
There are many legitimate reasons why an executor may need more than a year to settle an estate.
Probate itself can take time, particularly if the executor needs to obtain information about assets and liabilities before an application can be prepared. How long probate takes in British Columbia can also depend on the complexity of the estate and whether any issues arise during the application process. Real estate may need to be maintained, valued and sold, while tax returns may need to be filed and the executor may decide to obtain a clearance certificate from the Canada Revenue Agency before making a final distribution.
Other estates may involve a business, foreign assets, trusts, difficult-to-value property, unresolved debts or other issues that require additional time.
Taking longer than a year is therefore not necessarily a sign that an executor has failed to carry out their duties.
What If an Executor Is Taking Too Long?
The fact that an estate can take longer than a year does not mean that an executor can delay the administration without reason.
There is an important difference between an estate taking a long time because there is still work to be done and an estate taking a long time because little or nothing is being done.
An executor has a responsibility to administer the estate. Unexplained periods of inactivity, failing to deal with estate assets or refusing to move the administration forward may become a concern, particularly when beneficiaries are unable to obtain information about what is happening.
Whether a delay is unreasonable will depend on the circumstances. There is no specific point at which a delay automatically becomes improper simply because a certain number of months have passed.
What Information Can Beneficiaries Expect From an Executor?
An executor has a number of responsibilities when administering an estate, including identifying and taking control of estate assets, dealing with debts, filing required tax returns, distributing the estate and preparing estate accounts.
Executors are also responsible for accounting to beneficiaries and others to whom they owe a legal duty to account.
This does not necessarily mean that a beneficiary is entitled to direct every decision made by the executor or receive an update about every administrative step. However, where an estate administration is taking a significant amount of time, reasonable communication can be important.
An executor may be able to explain that the estate is waiting for a property sale to complete, tax matters to be resolved, a clearance certificate to be received or another outstanding issue to be addressed.
Knowing why an estate has not yet been distributed can make a significant difference for beneficiaries who may otherwise assume that nothing is happening.
Can an Executor Be Held Responsible for Unreasonable Delays?
An executor has legal duties when administering an estate and cannot simply ignore those responsibilities indefinitely.
Where an executor has failed to properly administer an estate, beneficiaries may have legal remedies available. Depending on the circumstances, this could include asking the executor to provide an accounting or seeking directions or other relief from the Court.
In more serious situations involving an executor’s conduct or failure to carry out their duties, an application may be made to remove or replace a personal representative.
Removal is not simply a consequence of an estate taking longer than expected. Estate administration often involves unavoidable delays, and the circumstances surrounding the delay are important.
How Can Beneficiaries Deal With Executor Delays?
If you are a beneficiary and believe an estate is taking too long, a useful first step may be to determine why the administration has been delayed.
There may be a reasonable explanation that is not immediately obvious. Probate, real estate transactions, tax matters and other administrative requirements can all create periods where beneficiaries see little outward progress.
If significant time has passed without an explanation, or there are concerns about how the executor is handling the estate, legal advice can help determine whether the delay is reasonable and what options may be available.
Similarly, executors who are struggling to complete an estate administration may benefit from obtaining advice about the steps that remain outstanding and whether a distribution can safely be made.
Get Advice About Estate Administration in BC
There is no single timeline that applies to every estate in British Columbia. Although the executor’s year provides a useful general guideline, some estates can reasonably take longer than a year to administer.
The important distinction is between a reasonable delay caused by the work required to administer an estate and an executor who is failing to move the administration forward.
At Westcoast Wills & Estates, our experienced probate and estate lawyers assist clients throughout North Vancouver, Vancouver, Burnaby, Surrey, Richmond and surrounding communities with estate administration and help beneficiaries understand their rights during the process.
If you need assistance with an estate in British Columbia, contact our team to discuss how we can help.
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