Difference between revisions of "Ten Steps to Being an Executor"

{{Being an Executor TOC}}

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

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.

rather than the executor. The procedures are similar to those for probate, and you can use a self-help manual.

Legally, the executor is responsible for arranging burial or cremation. Often people leave instructions about what they want. If there is any question about what the person wanted, the executor has the legal authority to decide.

As the executor it is your responsibility to protect the assets. For example, you may want to make sure they are insured and safe. You may wish to place valuable papers, cash, or jewellery in a safety deposit box. You may need to change the locks on the person’s house. If the person owned a business, you will need to arrange for its ongoing and proper management.

The Division of Vital Statistics (see page 5 for contact information) handles this matter. They provide the forms you fill out and return. You may want to order more than one death certificate so you can deal with more than one institution at a time. There is a fee for each death certificate.

Probate is the procedure that confirms the Will can be acted on and that you have the authority to act as executor. If the person owned real estate, probate is required.

Check with any institutions that hold the person’s assets to find out what they require. Sometimes financial institutions will not release the person’s money without confirmation of probate. It depends on how confident staff are that you have authority to act. If they know you and your relationship to the deceased, they may be satisfied just to see the death certificate and the Will.

The Probate Registry does not provide forms but the forms are set out in the new Probate Rules. New rules take effect March 31st, 2014. Forms are available in the Self Counsel Press publications, Probate Guide for BC and Probate Forms. Check for these products at local public library, bookstore, legal stationery store, or contact Self Counsel Press at:

You will need to sign some of the documents in front of a lawyer, notary Public, or “commissioner for taking affidavits.” All court registries have a “commissioner for taking affidavits.” Some community groups do as well. When you sign, it means you are swearing or affirming that the information you are providing in the document is true.

You must notify all the beneficiaries named in the Will and anyone else who may have a legal claim on the estate such as a common-law spouse, children, or a separated spouse. You don’t need to have a gathering to “read the Will,” like in the movies. However, you must send them a copy of the Will and a copy of your Notice of proposed application in relation to estate.

The “Statement of Assets and Liabilities” is one of the forms you fill out for probate. It has four parts:

:'''Remember:''' If there is nothing to list under one of the headings on the form, write nil or none. Blank spaces may suggest that information is missing. This is one of the main reasons forms are rejected.

In most cases, you don’t actually go to court to get probate. You need to fill out specific forms. Then take them, along with the original Will and the reply from the Wills search, to the Probate Registry of any Supreme court of British Columbia.

604.660.2876.

After the registry staff determine that your forms are in order and the fees are paid, you will get a “Grant of Probate.” This is a legal document that allows you to deal with the estate. If your application is rejected, the staff will tell you the reason. You can correct the problem and reapply.

{{Creative Commons for PLS

|author =  

}}

__NOGLOSSARY__