FAQ | Probate BC

If you have been named as an executor in a Will, but you do not wish to serve as the executor, you have the option to decline the appointment. It is important to do so as soon as possible so that the estate can proceed with the administration process. This includes filing a resignation with the court. Once you have declined the appointment, someone else can take over this role on your behalf. If an alternate executor is not named in a Will, the family of the deceased will need to determine who can best take on this role. It is important to note that if you do not wish to serve as an executor, you should decline the appointment as soon as possible to avoid delays in the estate administration process.

Whether or not you should become an executor of a Will depends on various factors, including your personal circumstances and your relationship with the deceased person. Here are some things to consider:
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1. Responsibilities and duties: As an executor, you will have various responsibilities, including collecting and managing the deceased person's assets, paying their debts and taxes, and distributing the remaining assets to the beneficiaries. This can be a time-consuming and complex process, so you should be prepared to devote the necessary time and effort to fulfill your duties.
2. Legal knowledge: Executors are legally responsible for administering the estate according to the law and the wishes of the deceased person as expressed in their Will. You may need to consult with lawyers, accountants, and other professionals to ensure that you are fulfilling your duties correctly.
3. Relationship with the deceased person: If you were close to the deceased person and understand their wishes, you may be in a good position to serve as an executor. However, if you have a contentious relationship with the beneficiaries or anticipate conflicts, it may be better to decline the role.
4. Time and availability: Administering an estate can be time-consuming, and you will need to be available to handle various tasks, such as reviewing court documents, working with an accountant, meeting with beneficiaries, and managing paperwork.
5. Compensation: Executors are typically entitled to compensation for their time and expenses up to a maximum of 5% of the gross value of the estate in British Columbia depending on what the will says and the complexity of the estate.

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In summary, becoming an executor can be a significant responsibility, and you should carefully consider the above factors before accepting the role. If you have any doubts or concerns, it may be best to decline and suggest someone else who may be better suited.

In British Columbia, the Probate Process, once commenced, can take up to a year. Most families will commence the Probate Process three to six months after a death in their family. The first few months will be spent gathering information about the deceased's assets and debts. Thereafter notice needs to be provided to all beneficiaries and potential beneficiaries. After you have applied either for Probate or Grant of Administration, you may have to wait several months for the Court to review the documents and ensure that all of the required information has been provided. After the Court has reviewed the documents, and the probate fees have been paid to the Court, a Grant of Probate or Administration will be issued naming the administrator of the estate who can then divide the assets according to the laws of British Columbia amongst the beneficiaries of the estate.  

Grant of Administration is applied for when a deceased person has not prepared a Will or the beneficiaries are unable to locate the original Will. Before the deceased's assets can be divided, in British Columbia when someone dies with assets over the value of $25,000 in their sole name, beneficiaries require Court approval prior to distributing those assets.

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Essentially, the application for Probate and Grant of Administration are similar, however, in one case there is a Will and in the other there is no Will (or only a copy of a Will or no valid Will).

When an estate is valued over $25,000, the estate must be probated before the assets can be distributed to beneficiaries. If an estate value is $25,000 or less, there are no BC probate fees.

The executor of a Will applies for probate. If the deceased did not have a will, a close family member will apply for a Grant of Administration.

An estate is comprised of the assets of the deceased and often includes real estate, investments, bank accounts, vehicles, personal possessions and more.

The probate process can take up to a year.

When someone who dies in British Columbia with assets over the value of $25,000 in their sole name, one must apply for probate to the British Columbia Supreme Court before the assets can be distributed to beneficiaries. 

Probate is the process of providing the Court with an application to be appointed by the Court as executor of the estate including details of a deceased's assets and debts. After the Court has reviewed the documents, and the  probate fees have been paid to the Court, a Grant of Probate will be issued naming the executor of the estate who can then divide the assets according to the Will amongst the beneficiaries of the Will.