Ten Steps to Being an Exector

There are ten steps the executor may take when the person dies. The order of the steps will depend on the situation.

1. Locate and read the Will.

The Will may have instructions about the person’s wishes for organ donation, burial or cremation, and/or funeral or memorial service. When you agree to act as an executor, make sure you have an up-to-date copy of the Will. Keep it in a safe place where you can find it easily. Keep a written record of all your activity as executor. Keep all receipts and financial records of the estate.

Many people keep the original Will in a safety deposit box. Try to find the keys and tell the manager of the financial institution that you are the executor and are looking for the original Will. If you can’t find the key, the box can be drilled open for a charge. Some people leave the Will with their lawyer or Notary Public.

You can also check with the Wills Registry at Vital Statistics. Vital Statistics can check to see if the Will was registered and where the original Will may be located. You must always check the Wills Registry when you are applying for probate. Vital Statistics will send you a formal reply that you need for probate.

Division of Vital Statistics Victoria 1.250.952.2681
Tel.: 604.660.2937
Outside the Lower Mainland - 1.800.663.8328
www.vs.gov.bc.ca

If you can’t find the Will, you cannot proceed with probate. You must apply for a “grant of administration” to become the administrator rather than the executor. The procedures are similar to those for probate, and you can use a self-help manual.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

The process of checking the validity of a will, distributing a dead person’s estate, and settling their debts according to the instructions set out in that person's will. See "estate" and "will."

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."