Executor Questions: What You Need to Know in BC

Being named executor is an honour, but it can also feel like a lot to carry — especially while you’re grieving and trying to figure out where to even start. With over 40 years of experience guiding executors through the probate process in British Columbia, Marie-Louise Fast has put together answers to the questions she hears most. Think of this as a starting point for understanding your role, not a substitute for advice specific to your situation.

Every estate is different, and the answers below are meant to give you a general understanding — not legal advice for your specific circumstances. Before making decisions about an estate you’re administering, especially around liability, debts, or jointly held assets, we’d encourage you to speak with a lawyer directly. Contact us for a complimentary consultation.

1. What does an executor actually do?

The executor takes on the role and responsibility of the administration of the Estate, managing the Deceased’s assets prior to sale, paying for ongoing bills related to the maintenance and upkeep of real property and personal property, liquidating the assets after receiving the estate grant, retaining an accountant to deal with the necessary tax filings, and creating a financial report (“accounting”) to all estate beneficiaries before distributing any monies. It can be a lot of work to take on this role, so be prepared to spend some time managing these matters for the estate.

1. How long does probate take in BC?

On average it can take from a few months to up to a year to obtain an estate grant.

Before an executor has full authority to deal with the estate and its assets, the first priority is to gather the relevant bank information for the Deceased, a list of their debts, the contact information for family members, and provide this information to your lawyer. The more detailed and organized you are, the sooner your lawyer can prepare the court materials for you to sign to apply for an estate grant (for example, grant of probate, grant of administration, or ancillary grant). Awaiting information from the banks can cause significant delays, so attend at your local branch right away (with a death certificate) to establish a contact person there. Fast & Company seeks to obtain probate for you within four to six months granted all of the relevant details are provided in a timely manner. In urgent circumstances, Fast & Company can often obtain the grant in a much shorter time period

2. Do I need probate?

For most estates worth over $25,000.00, an estate grant is most likely required. A grant of probate confirms an executor’s legal authority to administer a Deceased’s Last Will and Testament and to liquidate any solely owned property that is subject to probate (such as real property, bank accounts / investments held in the Deceased’s sole name). It tells banks, the Land Title Office, and others that they can safely follow the executor’s instructions.

4. What if a Deceased dies without a will?

If a person dies without a will, they have died “intestate.”

Since there is no named executor, the personal representative of the Estate will need to establish their legal authority and apply for a grant of administration; they are then called an “Administrator.” In British Columbia, the order in which someone can apply to act as administrator of the estate is outlined in section 131 of the Wills Estates and Succession Act. You should consult a lawyer to determine whether you should take steps to apply to court to be appointed as administrator.

Banks and other financial institutions are unlikely to release funds to you in this case (to avoid risk of facing a claim later), so depending on the amounts in the accounts, you will likely need to apply for an estate grant.

That threshold amount is set by each institution, not by a single rule. One bank may release a modest account without a grant, while another may refuse.

The beneficiaries of an intestate estate are known as intestate successors of the Deceased.

5. What about life insurance and designated policies with named
beneficiaries?

Any financial policies that name designated beneficiaries (for example, life insurance policies, RRSPs, RRIFs, TFSAs, annuities etc.) do not need to go through probate. Generally speaking, these assets are ‘outside of the estate’ and can be dealt with directly between the financial institution and the named beneficiaries. There is no need to wait for probate to liquidate policies that have named beneficiaries. While it is helpful for your lawyer to know about these policies, this falls outside of the estate administration. However, your accountant will need to be advised of these policies.

The exceptions of when your lawyer may get more involved is either when such policy does not name a beneficiary and therefore will be paid to the “Estate of” the Deceased person, or the named beneficiary is the Estate itself. In this case, the asset would be subject to probate and would only be paid out after you obtain an estate grant and not beforehand.

6. What if the asset is joint?

Any assets that are truly joint should pass by right of survivorship to the surviving joint owner. In most cases, assets held jointly between spouses will pass this way and would not need probate to be administered.

Generally speaking, real property held in a joint tenancy may pass to the surviving joint tenant without probate and does not form part of the estate. However, when a Deceased person adds their child or grandchild on title to real property, the law in fact presumes this recipient owner holds the asset ‘in trust’ for the original owner (if the child/grandchild received their interest for free). You should obtain legal advice on whether the real property is ‘truly’ joint.

Similarly, when a Deceased person adds their child, relative, friend or personal representative (ie. power of attorney) to a bank account for practical administration purposes – unless the secondary account holder can prove it was the Deceased’s intention, in adding them on, that they receive the full benefit of those accounts (namely, it was a gift), there is a presumption of resulting trust which exists on the accounts meaning the law presumes this recipient holds the asset ‘in trust’ for the original owner. Note: this does not include bank accounts where each account holder contributed equally to the account.

Typically, joint assets that are truly joint are not included in an estate grant application; however, you should always consult a lawyer to confirm whether the asset is ‘truly’ joint because the legal determination may be different from how the bank treats the asset for practical purposes.

7. Am I personally liable for debts of the Deceased person?

Once you begin acting as an executor or administrator and take on the duties and responsibilities, there is some risk to you. A lawyer will assist you in performing your due diligence, advise you on paying estate debts as appropriate, and prepare the legal paperwork so you may make distributions to the beneficiaries, without adverse risk to yourself.

You should also retain a competent accountant to ensure the appropriate tax filings are made on behalf of the Deceased and for the Estate. If you are not careful with your handling of the financials of the estate, or otherwise pay out beneficiaries before you understand the full financial picture, you could become personally liable to payout any unforeseen income tax debts (or unexpected debts) that may arise after you have made estate distributions to beneficiaries. There are procedures in place that your lawyer will advise you on to limit this risk to you.

You should not succumb to beneficiaries putting pressure on you to make an early distribution of estate funds or assets if you are not comfortable to do so. Always consider what is in the best interest of the estate and its beneficiaries (as executor and trustee of the estate you have a duty to maintain neutrality).

8. What records should I keep? Can I claim a fee for acting as executor?

You should treat your executorship as a job and keep good records of receipts for your out-of-pocket expenses that you can later claim back from the estate, bank statements for the Deceased’s bank accounts from the date of death, and any other items relevant to the estate administration.

You may wish to keep detailed logs of any work performed by you as executor (disposing of / donating property, travelling costs and dealing with cleaning up of the home prior to listing for sale, etc.) so that if you wish to claim an executor’s fee from the estate (this is considered taxable income to you personally), you will have evidence to support your claim. There is a general cap of 5% of the value of the Estate that you may claim as an executor fee unless a different figure is specified in the Will. The maximum amount, however, can only be claimed for a very complex estate, otherwise a lesser amount should be claimed.

9. When should an executor hire a lawyer — and what can a lawyer actually do for me?

Most executors benefit from involving a lawyer early in the process — ideally before taking any significant steps with the estate. Early legal guidance helps you avoid procedural errors, understand your obligations, and protect yourself from personal liability before issues arise.

At Fast & Company, we tailor our involvement to what you actually need. Some executors prefer to hand off the process entirely; others want legal support at key stages while managing the day-to-day themselves. Either approach is workable, and we are happy to discuss what makes sense for your situation.

A probate and estate lawyer can assist with preparing and filing court applications for a grant of probate, grant of administration, or ancillary grant; advising on the payment of estate debts in the correct order; preparing the legal documentation required for asset distributions, including the financial accounting to beneficiaries; coordinating with your accountant on tax filing requirements; handling estate-related real estate transactions through our RELEX™ program; and advising on more complex matters such as jointly held assets or situations where a resulting trust may exist.

Our law office works with clients throughout Metro Vancouver including Burnaby, Tri-Cities, Surrey and throughout the Lower Mainland. In most cases, we charges no fees upfront on estate work. We also offer a complimentary initial consultation — a no-obligation call to help you understand your next steps and determine how we can assist.

If you are ready to receive legal support with your executor duties or prefer to speak with an associate to learn more, you can Contact us or call our office at 604-273-6424.