Executor Duties in BC
Summary
Quick answer: An executor in British Columbia is the person named in a will to manage and settle a deceased person’s estate. The core executor responsibilities are to locate the will, protect the assets, apply to the BC Supreme Court for a grant of probate when one is needed, pay debts and taxes, and distribute what remains to the beneficiaries, usually after a 180-day waiting period. Even straightforward estates commonly take close to a year.
Key Takeaways of Settling an Estate in BC
- Executors are fiduciaries under BC’s Wills, Estates and Succession Act (WESA): you must act honestly and in the beneficiaries’ interests.
- If the estate is worth over about $25,000, executors usually need to apply for probate.
- Probate fees are $0 on estates of $25,000 or less. Above that, they are $6 per $1,000 from $25,000 to $50,000 and $14 per $1,000 beyond $50,000, plus a $200 filing fee. See our probate fee calculator.
- Don’t distribute until debts, taxes and the wills variation window are dealt with, or you risk personal liability.
- You may claim reasonable compensation of up to 5% of the estate’s gross value, plus up to 0.4% a year for managing assets.
What does an executor do in BC?
An executor is legally responsible for gathering the deceased person’s assets, settling their debts and taxes, and distributing the remainder as the will directs. WESA refers to executors and administrators together as personal representatives. If there is no will, or no executor can act, the court appoints an administrator with roughly the same duties.
Because you are a fiduciary, you can be held personally liable for losses caused by carelessness, delay or conflicts of interest. Good records are your best protection.
Step-by-step: executor duties in British Columbia
1. Decide if you want to act as executor
Being named as executor does not legally obligate you to act. You have the right to decline the role of executor, but timing matters. If you begin handling estate matters—such as paying bills, securing property, or contacting financial institutions—you may be considered to have “intermeddled,” which can be interpreted as accepting the position. Before doing anything substantive, take time to assess whether you have the capacity, availability, and temperament to manage an estate that may take a year or more to complete. Consider the complexity of the assets, the family dynamics, and whether disputes are likely. If you decline, the named alternate executor steps in. If no alternate exists or they also decline, the court can appoint an administrator. Declining early avoids confusion and protects you from liability for tasks you never intended to take on.
2. Locate the will and any codicils
Your first practical responsibility of an executor is to locate the original signed will. The probate court requires the original document—photocopies or scanned versions are not sufficient unless you pursue a more complex “proof of copy” application. Search the deceased’s home thoroughly, including filing cabinets, safes, computers (for digital wills) and personal paperwork. Check with their lawyer or notary, who may have stored the original or a duplicate. If the deceased used a safe deposit box, contact the bank to arrange access; banks typically allow entry for the limited purpose of retrieving the will. If codicils (formal amendments to the will) exist, they must be filed with the probate application as well. Once found, keep the documents secure, unaltered, and unmarked. Do not staple or un-staple anything, as changes to staple holes can raise questions about tampering.
3. Order certified death certificates
Most funeral homes register the death with the BC Vital Statistics Agency and can order certified death certificates on your behalf. You can also order them directly if needed. Executors should obtain multiple certified copies—usually between 3 and 5 —because banks, insurance companies, pension administrators, and government agencies each require one. These certificates serve as official proof of death and are essential for closing accounts, claiming benefits, and initiating probate. Keep them in a secure folder and track where each one is sent. Some institutions accept photocopies, but many insist on originals, so having extras prevents delays.
4. Arrange the funeral
Executors are responsible for arranging the funeral or memorial service, ideally following any wishes expressed in the will or communicated during the deceased’s lifetime. While family members often take the lead, the executor remains responsible for ensuring costs are reasonable and properly documented. Funeral expenses—including burial or cremation, service fees, and obituary costs—are legitimate estate expenses and should be paid from estate funds once available. Until then, a family member may pay and be reimbursed later. Keep every receipt, invoice, and proof of payment, noting who paid and when. Clear records prevent disputes and support your final accounting.
5. Notify government agencies
Several government bodies must be informed promptly. Contact Service Canada to stop Canada Pension Plan (CPP) and Old Age Security (OAS) payments. Overpayments must be returned, so notifying them early avoids complications. Ask about survivor benefits and apply for the CPP death benefit (a one‑time payment of up to $2,500) if the deceased qualifies. Notify the Canada Revenue Agency (CRA) to halt GST credits, disability benefits, or other payments. Contact ICBC to update vehicle records and cancel or adjust insurance. Inform the Medical Services Plan (MSP) so coverage can be closed. Each agency may request a death certificate and specific forms, so keep organized notes of what you send and when.
6. Notify employers, banks, insurers, and pension plans
If the deceased was employed, notify their employer to arrange final pay, vacation payouts, and termination of benefits. Contact each bank and credit union with a death certificate and ask what documentation they require from you as executor. Financial institutions vary in their policies, so expect different forms and procedures. Notify life insurance companies, private pension plans, and group benefits administrators. Some benefits may be payable directly to named beneficiaries, while others flow into the estate. Confirm whether any insurance policies require immediate action, such as maintaining property insurance or notifying the insurer of vacancy.
7. Secure and insure the property
Protecting estate property is one of the core executor duties. Visit the home promptly, change locks if necessary, and ensure windows and doors are secure. Redirect mail to prevent identity theft and to ensure you receive bills, statements, and important notices. Keep utilities running to avoid damage from freezing, humidity, or mould. Contact the home insurer to report that the property is vacant; most policies restrict coverage after 30 days of vacancy unless special arrangements are made. Document the condition of the home and its contents with photos or video. Do not sell, give away, or dispose of belongings until you have legal authority and a clear plan for distribution.
8. Open an estate bank account
Once you have authority—either through probate or, in small estates, through institutional policies—open a dedicated estate bank account. All estate funds, including refunds, insurance payouts, and asset sale proceeds, should flow into this account. Never mix estate money with your personal funds. Pay all estate expenses from the estate account so your records remain clean and defensible. This separation protects you from allegations of mismanagement and simplifies your final accounting to beneficiaries.
9. Take inventory of assets and debts
Prepare a detailed inventory of everything the deceased owned or owed at the date of death. This includes real estate, bank accounts, investments, vehicles, business interests, digital assets, and personal belongings. For determining real estate values, BC Assessment provides a useful reference, but a professional appraisal may be required for accuracy. List all debts, including mortgages, loans, credit cards, and outstanding bills. This inventory forms the backbone of your probate application and later guides your distribution plan. Accuracy matters—errors can lead to court requisitions, delays, or disputes.
10. Identify what passes outside the estate
Not all assets form part of the probate estate. Jointly held property with right of survivorship passes automatically to the surviving joint owner. Registered accounts such as RRSPs, RRIFs, and TFSAs with named beneficiaries, as well as life insurance policies, typically transfer directly to the beneficiary and do not attract probate fees. These assets must still be identified and documented, but they are handled separately from the probate process. Understanding what falls inside versus outside the estate helps you avoid double‑counting and ensures proper tax treatment.
11. Search the wills registry
Request a wills notice search from the BC Vital Statistics Agency. This search identifies whether the deceased filed a notice indicating the location of a will. It does not provide the will itself, but it helps confirm that the document you hold is the most recent one. The resulting certificate must be included in your probate application, so the probate lawyer usually does this step. If the search reveals a different will location, you must obtain that version before proceeding.
12. Give notice to beneficiaries and heirs
Before filing your probate application, you must give formal notice to all required parties. Deliver Form P1 (Notice of Proposed Application in Relation to Estate) and a copy of the will to the spouse, children, named beneficiaries, and anyone who would inherit if there were no will. These notices must be delivered at least 21 days before filing. Keep proof of delivery—registered mail receipts, courier confirmations, or signed acknowledgments. This step ensures transparency and gives interested parties an opportunity to raise concerns before the grant is issued. Most probate lawyers will do this step for executors.
13. Prepare the probate application
This is where a good probate lawyer comes in handy. Not only can they prepare the probate application and advise about the probate process, they advise executors about all the steps involved in settling the estate.
14. File with the probate registry and pay fees
Submit your application to the BC Supreme Court probate registry. Estates over $25,000 require a $200 filing fee. The registry will review your inventory and assess the probate fee, which is based on the value of the estate. You must pay this fee before the grant is issued. Review typically takes two to six months, though timelines vary by registry and complexity. The probate lawyer usually takes care of all of these steps.
15. Keep the estate running while you wait
Probate review takes time, but estate responsibilities continue. Keep the mortgage, insurance, property taxes, and utilities current. Maintain the home to prevent deterioration. Track every expense and decision in a detailed ledger. Communicate regularly with beneficiaries to keep expectations realistic and reduce stress. Transparency during this waiting period helps prevent misunderstandings and builds trust.
16. Notify creditors and pay debts
Executors often publish a notice to creditors to limit future claims. This notice gives creditors a deadline to come forward. One of the main executor duties is to pay legitimate debts and final bills before distributing any assets. Failure to do so can expose you to personal liability. Keep detailed records of all payments, including invoices and receipts. If a debt seems questionable, seek legal advice before paying.
17. File the final tax return
The deceased’s final T1 return must be filed by April 30 of the following year if death occurred between January 1 and October 31, or within six months of death if it occurred between November 1 and December 31. If the estate earns income—such as interest, dividends, or rental income—you must file T3 returns for the estate. Work with an accountant familiar with estate taxation to ensure accuracy. Taxes must be paid before distributing the estate. Personal liability falls on executors who fail to file taxes correctly.
18. Wait out the 180‑day wills variation period
Under BC’s Wills, Estates and Succession Act, a spouse or child may apply to vary the will within 180 days of the grant of probate. They must serve you within 30 days after filing. Distributing assets before this period expires can expose you to personal liability if a claim is later made. Many executors wait out the full period or obtain signed releases from potential claimants before distributing. Assess family dynamics carefully when deciding how to proceed.
19. Obtain a CRA clearance certificate
Once all tax returns are filed and assessed, and all taxes paid, apply for a CRA clearance certificate using Form TX19. This certificate confirms CRA has no further claim against the estate. Distributing without one can leave you personally liable for unpaid taxes. Processing can take several months, so apply early and track CRA correspondence carefully.
20. Distribute the estate and provide a final accounting
With probate complete, debts paid, taxes cleared, and the variation period expired, the last of the executor duties is to distribute the estate according to the will. Prepare a detailed final accounting showing all money received, all expenses paid, and the final distribution amounts. Include any executor compensation you intend to claim. Provide beneficiaries with written statements and obtain signed receipts and releases. Keep your records for several years in case questions arise later. Prepare a written accounting of everything received and paid out, including any executor compensation, and share it with the beneficiaries. Get signed receipts and releases, and keep your records for several years. Probate lawyers typically help draft the release document and bookkeepers can help with the accounting document.
How much does probate cost in BC?
See our probate fee calculator. BC probate fees are based on the gross value of the deceased’s BC assets that pass through the estate, before debts are subtracted:
- $25,000 or less: no probate fee
- $25,001 to $50,000: $6 per $1,000 (or part of $1,000)
- Over $50,000: $14 per $1,000 (or part of $1,000)
- Court filing fee: $200 for estates over $25,000
Example: A $500,000 estate pays $150 on the first band and $6,300 on the second, for a $6,450 probate fee, or $6,650 with the filing fee. If you discover more assets later, you file an updated affidavit and pay fees on the added value.
Probate lawyers fees can range from around $4,500 for simple estates at suburban firms to $20,000+ for complex estates at downtown law firms.
Can an executor get paid in BC?
Yes, executors can claim a fee for acting in BC. If the will sets compensation, that governs. Otherwise, section 88 of the Trustee Act allows a fair and reasonable allowance of up to 5% of the estate’s gross aggregate value, plus up to 0.4% of the average market value of assets each year for care and management. Courts rarely approve more than about 3% for an ordinary estate. You can also be reimbursed for reasonable expenses. Compensation is generally taxable income, and you can waive it. If beneficiaries disagree on the amount, the court decides.
Common executor mistakes to avoid
- Distributing assets before debts, taxes and the 180-day period are resolved
- Mixing estate funds with personal money
- Selling property without a valuation or proper authority
- Leaving beneficiaries in the dark for months
- Missing tax filing deadlines
- Failing to keep receipts and records
Frequently asked questions
Do all BC estates need probate? No. Assets held jointly with right of survivorship, or with a named beneficiary, pass outside the estate. Some small estates are settled without a grant if the institutions involved agree, but real estate in the deceased’s sole name usually requires one.
How long does an executor have to settle an estate in BC? BC law sets no fixed deadline, but you must act diligently. Because of probate review time and the 180-day wait, allow roughly a year for a simple estate.
Can an executor also be a beneficiary? Yes, and it’s common. You still owe duties to every beneficiary, so avoid conflicts and keep clear records.
When should an executor hire a lawyer? Consider one for large or complex estates, business interests, out-of-province assets, an unclear will, or any threat of a wills variation claim or dispute. Reasonable legal costs for administering the estate are generally paid from the estate.
See here for a complete list of our frequently asked probate questions.
Final word
Settling an estate in BC is manageable when you work in order: secure assets, give notice, obtain probate if required, pay what’s owed, wait out the claim period, then distribute with a clear accounting. This guide is general information. Fees, forms and deadlines can change, so confirm current requirements with the BC Supreme Court registry, CRA or a BC estate lawyer.
Why hire a probate lawyer now that I know all this?
Some executor duties—like visiting banks, meeting with the funeral home, or notifying Service Canada—are hands‑on and time‑consuming, but they’re generally straightforward and don’t require any prior experience. The challenge comes when you reach the point of applying to the Supreme Court for probate. That part isn’t intuitive, and most first‑time executors find the forms, affidavits, notices, and court requirements overwhelming. It’s a bit like trying to replace a transmission in a car: technically anyone could do it, but without training it will involve a steep learning curve, plenty of frustration, and a high chance of mistakes. A professional mechanic who does transmissions every day, however, gets it done correctly and efficiently on the first attempt. Our large team of probate lawyers works the same way—we focus exclusively on probate applications and know the court system inside and out. We move your estate through BC’s slow probate process as quickly, accurately, and efficiently as possible.
We also guide executors through the entire estate administration process. Settling an estate in BC often stretches over one to two years. During that time, countless unexpected issues can arise—quirks with banks, beneficiary questions, tax surprises, property complications, and procedural hurdles that no first‑time executor could reasonably anticipate. Because our practice is focused on estates and probate, chances are we’ve seen the problem before and know exactly how to resolve it. Our experience allows us to give clear, practical, and reassuring advice so executors can move forward confidently and avoid unnecessary delays or missteps.
See our blog for more reasons to hire a probate lawyer. Questions about probating a will in BC and estate administration? Want to book for a consultation? Contact us.
