Being named the executor of a will in British Columbia is both an honour and a significant legal responsibility. Whether you’ve recently been appointed or are considering accepting the role, understanding an executor’s legal duties can help you avoid costly mistakes and administer the estate with confidence.
Understanding what the role actually requires, before you agree to take it on or begin acting on it, can make the process considerably more manageable.
What Does an Executor Actually Do?
An executor is the person named in a will to carry out its instructions after the will-maker’s death. This includes locating and validating the will, applying for probate where required, gathering the deceased’s assets, paying outstanding debts and taxes, and distributing what remains to the beneficiaries named in the will.
The role calls for organization, patience, and a willingness to communicate clearly with beneficiaries, some of whom may be grieving or, at times, in disagreement with one another. In legal terms, an executor owes a fiduciary duty to the estate and its beneficiaries. This means they must always act honestly, avoid conflicts of interest, and make decisions in the best interests of the estate rather than their own.
Key Duties of an Executor in BC
While every estate is different, the core duties an executor in British Columbia can expect to carry out include:
- Locating the will. This is usually the first step, along with confirming it is the most recent valid version.
- Managing the estate. This includes securing property, notifying financial institutions, and keeping the estate’s affairs separate from the executor’s own.
- Collecting assets. Bank accounts, investments, real property, and personal belongings all need to be identified and, in many cases, valued.
- Paying debts and liabilities. Before any distribution occurs, outstanding debts, funeral expenses, and taxes must be paid from the estate.
- Distributing assets to beneficiaries. Once debts are settled and any required waiting periods have passed, the executor distributes what remains according to the terms of the will.
Depending on the size and complexity of the estate, probate through the BC Supreme Court may be required before some of these steps can be completed, particularly where financial institutions or the land title office require formal proof of the executor’s authority. Even where probate isn’t strictly required by a third party, proceeding without it carries risks worth understanding before moving forward, which are addressed further below.
An Executor Checklist for British Columbia
Because the role involves many moving parts, many executors find it helpful to work through the responsibilities in order:
- Locate the original will and any codicils
- Arrange for the death certificate
- Notify beneficiaries and, where relevant, the Public Guardian and Trustee
- Secure and insure estate property
- Compile a full inventory of assets and debts
- Apply for probate, if required
- Open an estate bank account
- Pay outstanding debts, taxes, and expenses
- Prepare estate accounts for beneficiaries
- Distribute the remaining assets according to the will
- Obtain multiple certified copies of the death certificate.
Throughout the process, an executor should keep detailed records, including receipts, correspondence, and a running account of the estate’s finances. These records may need to be shared with beneficiaries and can matter significantly if a dispute arises later.
Executor Compensation in BC
Acting as an executor is unpaid by default, but BC law recognizes that the role involves real time and effort. Executors may be entitled to compensation, generally up to 5% of the gross value of the estate, along with an annual care and management fee of up to 0.4% of the estate’s average value, where the estate holds assets over an extended period.
The exact amount is not automatic. It may be agreed upon with the beneficiaries, set out in the will itself, or, if there is disagreement, determined by the court. Courts consider factors such as the size and complexity of the estate, the time and skill involved, and the results achieved when assessing what compensation is fair.
Frequently Asked Questions
Can an executor also be a beneficiary?
Yes. It is common for an executor to also be named as a beneficiary under the same will. The executor’s duties to act impartially and in good faith apply regardless of their personal interest in the estate.
What happens if an executor does not fulfill their duties properly?
An executor who fails to meet their obligations may be held personally liable, and beneficiaries can apply to the court to have the executor removed or to compel a proper accounting of the estate.
Do all estates in BC need to go through probate?
Not always. In some cases, an estate can be administered without formally applying for probate. However, probate is what the court uses to officially confirm someone’s authority to act as executor, and without it, that authority hasn’t been formally recognized. This matters because if a claim is later brought against the estate, an executor who chose not to probate and went on to distribute assets could face personal liability for that decision. Given this risk, anyone considering proceeding without probate should speak with a lawyer first to understand what applies to their specific situation.
Can someone decline to act as executor?
Yes. A named executor is not obligated to accept the role. If they decline, an alternate named in the will, or a court-appointed administrator, may take on the responsibility instead.
Guidance for Executors and Estates
Administering an estate carries real legal weight, and having clarity on your obligations early can prevent complications down the road. Our team at Avize Law Group is here to help executors and beneficiaries navigate estate administration in British Columbia with confidence. Contact us today.