You’ve been named as an executor – what now?

Being named as an executor can feel overwhelming, especially while you’re grieving a loss. The role comes with important legal and financial responsibilities and knowing what to expect can help make the process feel more manageable and reduce stress along the way.

An executor is the person named in a Will to administer the deceased’s estate. In British Columbia, this role typically involves locating and safeguarding assets, paying outstanding debts and taxes, applying for probate (the court process that formally validates the Will and confirms the executor’s authority), and distributing the remaining assets in accordance with the Will.

An executor is generally not personally liable for debts the deceased incurred before death, as those debts are paid from the estate. However, an executor must act honestly, diligently, and in the best interests of the estate and its beneficiaries. If an executor fails to properly administer the estate, for example by distributing assets before settling debts or by acting negligently, they may be held personally responsible for any resulting loss.

While every estate is different, below are some of the key steps to take early on:

1. Confirm the death and make arrangements for the body
   The death must be confirmed and the body attended to swiftly, taking into account any known wishes, whether religious or secular. BC Vital Statistics must also be notified and several original death certificates ordered. Funeral homes often help with this process and most estate matters cannot move forward without proof of death.
2. Find the original Will
   The executor should make a careful search for the most recent Will, which may be kept at home, on an electronic device, in a safety deposit box, or with a lawyer. A Wills Search with BC Vital Statistics is generally completed to confirm the Will is the most recent one. Only the executor named in the Will has authority to act, although various steps may need to wait until probate is granted. Sometimes, funeral wishes are included in the Will, which are helpful to know at the outset.
3. Protect estate assets
   This is a key responsibility for the executor, which includes securing the home, protecting personal belongings, and making sure insurance coverage remains in place. This helps prevent loss to the estate and protects the executor from potential liability.
4. Notify important organizations
   Banks, financial institutions, Canada Revenue Agency, pension and benefit providers, and service providers should be notified as soon as possible. This helps to prevent overpayments and fraud. Canada Pension Plan death and survivor benefits may also be available and should be applied for within 60 days of the date of death.
5. Obtain legal advice
   Many estates require probate before assets can be accessed or distributed. Speaking with an estate lawyer early can help you understand your responsibilities, determine whether probate is needed and avoid delays or complications.

Serving as an executor is a big and sometimes onerous responsibility, but you don’t have to manage it alone. Taking the right steps early, and getting the right advice, can make the process smoother and give you peace of mind.