Executor Duties in BC

Overview

As executor, you're legally responsible for managing and distributing the deceased's estate according to their will and BC law. This includes securing assets, paying debts, filing taxes, and distributing to beneficiaries. You have a fiduciary duty to act in the best interests of the estate and beneficiaries, not yourself.

Immediate duties (first weeks)

Locate and secure the will

• Find the original signed will (not a copy)
• Check the deceased's home, safety deposit box, lawyer's office
• Secure the document - you'll need to file it with the court

Arrange the funeral

• Follow any wishes expressed in the will
• Pay costs from estate funds (or your own, to be reimbursed)
• Keep all receipts

Secure estate assets

• Lock the deceased's home
• Redirect mail
• Secure vehicles
• Notify banks (to freeze accounts from unauthorized access)
• Cancel subscriptions and services

Obtain death certificates

• Order 5-10 certified copies (you'll need them for banks, CRA, etc.)
• Available through the funeral home or Vital Statistics

Probate-related duties

Determine if probate is needed

• Contact financial institutions to ask their requirements
• Check if real estate is in deceased's name alone
• See our guide: When Do You Need Probate?

Apply for probate (if required)

• Complete the wills notice search
• Send P1 notices to all required parties
• Prepare and file the application package
• Pay filing fees and probate fees
• Respond to any court requisitions

Notify beneficiaries

• Inform everyone named in the will
• Provide a copy of the will if requested
• Keep beneficiaries updated on progress

Financial duties

Create an estate inventory

• List all assets with values as of the death date
• List all debts and liabilities
• This forms the basis of Form P10/P11

Open an estate bank account

• All estate funds should flow through one account
• Makes tracking and accounting much easier
• Don't mix estate funds with personal funds

Collect estate assets

• Present grant to banks and brokerages
• Transfer or sell real estate
• Collect any amounts owed to the deceased

Pay debts and expenses

• Pay funeral costs
• Pay outstanding bills (utilities, credit cards, etc.)
• Pay estate administration costs
• Important: Pay debts BEFORE distributing to beneficiaries

Handle taxes

• File the deceased's final ("terminal") tax return
• File any trust returns if the estate earns income
• Consider requesting a CRA clearance certificate before distributing

Distribution duties

Follow the will exactly

• Distribute specific gifts as directed
• Calculate residue (what's left) properly
• You cannot deviate from the will's instructions

Get releases

• Have beneficiaries sign releases acknowledging receipt
• Protects you from future claims

Keep records

• Document every transaction
• Keep receipts for all expenses paid
• Maintain a running ledger of estate funds
• Beneficiaries can request an accounting

Personal liability

Executors can be held personally liable for:

• Distributing too early: If you distribute to beneficiaries before paying all debts, you may have to repay creditors from your own pocket
• Missing taxes: CRA can pursue you personally for unpaid taxes
• Mismanaging assets: Letting assets depreciate, bad investments, theft
• Breach of fiduciary duty: Self-dealing, favoring one beneficiary, not acting in estate's best interest
• Delay: Unreasonable delays that cause losses

Executor compensation

Executors are entitled to reasonable compensation for their work. In BC:

• The will may specify compensation
• If not, you can claim "reasonable compensation" (typically 3-5% of estate value)
• Must be agreed by beneficiaries or approved by court
• Some executors (especially family members) waive compensation

Compensation is separate from reimbursement for out-of-pocket expenses, which you're entitled to regardless.

Declining to act

You don't have to accept the role of executor. Options:

• Renounce: File Form P7 before taking any action on the estate. You completely give up the role.
• Reserve: Let another named executor act first, but keep your right to step in later.

Return to the Complete BC Probate Guide →