The Executor’s Role

What is an executor and what is their job?

An executor is the person appointed in a Will to administer the estate of deceased person (the “Will-Maker”). The executor is the representative and trustee of the estate, meaning that he or she has a fiduciary responsibility to act in the best interests of the estate and its beneficiaries. The executor’s job is to carry out the instructions of the Will-Maker as expressed in the Will.

There are various stages to administering an estate, which we have set out in a very general way, below:

1.      Decide Whether to Act

Administering an estate can be a complicated and stressful job. Hiring an experienced estate lawyer and accountant will make the executor’s job much easier; however, you should consider carefully whether you want to take on the task of executor before proceeding.

If you are named as an executor in a Will, you have the opportunity to renounce your appointment; however, you need to do so before you have started carrying out executor’s duties (or “intermeddled” in the estate).

2.      Locate the Will and obtain a Death Certificate 

The first step in administering an estate is to locate the most recent Will of the Will-Maker. If you don’t have the original Will, the British Columbia Vital Statistics Agency maintains a wills registry which can be searched in order to determine the location of the original.

In order to start any meaningful work on behalf of the estate, the executor needs to be able to produce a valid Will, naming himself or herself as the executor, and a death certificate.

Once you have these two important documents, you can start making funeral arrangements, contacting pension and benefit providers (including Federal and Provincial benefits), cancelling items like the deceased’s passport, driver’s license and social insurance number, as well as hydro, cable, internet and other utilities as appropriate.

3.      Identify and Protect the Assets

The next step in administering an estate is to identify and protect the assets of the estate. Estate assets may include bank accounts, investments, real property, vehicles, jewelry, cash and digital assets such as cryptocurrency. Sometimes the deceased has left a trail of breadcrumbs to help identify where they held their assets (such as a binder or folder containing bank statements, the names and business cards of advisors, insurance policies, etc.) and other times this job involves some detective work!

It is the executor’s job to identify the assets of the estate, have them valued or appraised for their date of death value to be included in the probate application, and ensure they are secure and insured.

It is a very good idea to review the deceased’s insurance policies. Check the expiry dates and update property insurance for vacancy coverage if the deceased’s home is going to be vacant.

4.      Identify Debts

An executor can attract personal liability if they distribute the assets of the estate before liabilities, including taxes, are paid. Your estate lawyer can assist you in identifying debts by publishing a notice for creditors in the B.C. Gazette.

Your estate lawyer can also assist in managing beneficiaries’ expectations of the timeline within which they might receive their inheritance, due to the necessity of identifying and paying debts, and settling any potential claims against the estate.

5.      Applying for Probate

There are a number of legal documents that need to be prepared in order to apply for probate, including a Notice of Proposed Application in Relation to an Estate Grant that must be served on beneficiaries and next of kin prior to filing a probate application, an Affidavit of Applicant, and an Affidavit of Assets and Liabilities. These forms must be completed in a very specific manner and probate registry usually takes weeks to months to review an application. In order to avoid delay in administration, it is important to get them right the first time.

6.      Collecting Assets

After receiving the Grant of Probate, the executor needs to start calling in the assets of the estate by letting banks and other institutions know that the Grant has been issued (and, usually, directing the institution to pay the funds in trust to the estate lawyer). After receiving the Grant of Probate, the executor also has the legal ability to sell any real estate owned by the Will-Maker. Prior to a Grant of Probate being issued, legal title cannot be transferred to a buyer.

7.      Distributing Assets and Passing Accounts

The soonest an executor can start distributing the assets of the estate is 210 days after the Grant of Probate has been issued. This is because spouses and children of the deceased have up to 180 after the Grant is issued to bring an application to vary a Will and 30 days to serve that application.

If there are no spouses or children who may bring a claim to vary the will, the executor can distribute assets once they are satisfied that debts are paid and that the beneficiaries will approve their accounts.

An executor is required to pass their accounts under both the Trustee Act and the probate rules; however, if the executor prepares accounts, identifying any fees and expenses he or she is charging, and identifying all the assets that have been paid into the estate and proposing a distribution of those assets in accordance with the terms of the Will, the beneficiaries may approve the accounts and sign a Release and Indemnity, and the executor will not have to pass their accounts in court.

Conclusion

Probating an estate is a lengthy process. This blog is a very brief overview of the process and should not be construed as a complete instruction manual. Please contact our estate lawyers for legal advice and assistance.

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Written by Emily Anderson, Albert & Co. Law LLP, March 28, 2025.

© Albert & Co. Law LLP. The contents of this article do not constitute legal advice. Readers should seek legal advice in relation to their own specific circumstances.