Being named executor of a will in British Columbia is an honour — and a serious legal responsibility. Executors (called “personal representatives” under WESA) are trustees of the estate. They owe fiduciary duties to the beneficiaries and can be held personally liable for mistakes.
Here’s a practical overview of what’s expected of you and how to protect yourself while you administer the estate.
Your core duties
- Locate the will and confirm you’re the named executor
- Arrange the funeral and obtain death certificates
- Identify, secure and value all estate assets
- Apply for a grant of probate where required
- Notify creditors, government agencies, and beneficiaries
- Pay debts, taxes, and final expenses from estate funds
- File the deceased’s final tax return and the estate’s T3 return
- Distribute the remaining estate according to the will
- Account to the beneficiaries for everything you’ve done
When probate is required
Probate is the court’s confirmation that the will is valid and you have authority to act. It’s usually required when the deceased held real estate in their sole name, or held investment or bank accounts above a financial institution’s threshold (often $25,000–$50,000). Probate fees in BC are roughly 1.4% of the gross estate value over $50,000.
Common mistakes to avoid
- Distributing assets before all debts and taxes are paid
- Mixing estate money with your own personal funds
- Failing to obtain a clearance certificate from CRA before final distribution
- Not keeping detailed records and receipts
- Ignoring potential wills variation claims within the 180-day window
Getting paid as executor
BC executors are entitled to reasonable compensation — typically up to 5% of the gross value of the estate, plus a care-and-management fee for ongoing administration. The exact amount must be approved by the beneficiaries or the court.
Frequently asked questions
Can I refuse to act as executor?
Yes. If you haven’t yet “intermeddled” with the estate, you can renounce by filing a formal renunciation with the court. Once you’ve started administering the estate, stepping down is harder and may require a court application.
How long does estate administration take in BC?
Simple estates can be wrapped up in 9–12 months. Estates that involve real estate, multiple beneficiaries, or contested claims often take 18 months or more.
Do I need a lawyer to administer an estate?
Not always, but probate applications are technical and the personal liability is real. For anything beyond a small, uncontested estate, working with an estates lawyer protects both the executor and the beneficiaries.
What happens if there’s no will?
The estate is distributed under BC’s intestacy rules in WESA. A close family member can apply to be appointed administrator and take on the same duties as an executor.
This article is general information, not legal advice. If you’ve been named executor, speak with an estates lawyer before taking major steps.
Lotusland Law 