Executor in BC

Executor in BC? Your First 90 Days After a Death (Practical Guide for Families)

By Wills and Probate Lawyer, Tim Louis

Being named as an executor in British Columbia often happens in the middle of grief. A parent, partner, or close friend has died, and while you are still trying to deal with the loss, you are suddenly responsible for a will, keys, bank accounts, and a list of tasks that no one has properly explained. It can feel as if you are supposed to become an accountant, project manager, and diplomat overnight.

Many executors worry that one wrong step will lead to conflict in the family or even a lawsuit. You may have heard stories about executors being personally responsible for debts or taxes, or about battles over who gets what. It is natural to feel anxious and to wonder whether you should have agreed to this role at all.

This guide, by BC wills and probate lawyer Tim Louis, is designed to walk you through the first ninety days after a death. The goal is not to overwhelm you with every technical rule in BC estate law. It is to help you understand what truly cannot wait, what can be handled later, and when it is wise to bring in professional support. You will see the big picture first, then a clear set of next steps you can actually follow.

You do not have to carry this alone. If you are feeling stuck, worried about making a mistake, or dealing with pressure from family, you can speak with Tim in a free consultation. Call (604) 732-7678 or email [email protected]. You can also book a time through the Services page at https://willsandprobatelawyer.ca/services/ or the Contact page at https://willsandprobatelawyer.ca/contact/. A short conversation can help you understand where you stand and what a safe plan looks like before you sign anything, distribute anything, or make a decision you cannot easily undo.

What does an executor do in BC?

In British Columbia, an executor is the person named in a will to manage the estate after someone dies. In plain terms, the executor secures the estate assets, takes care of funeral and immediate expenses, pays valid debts and taxes, and then distributes what remains to the beneficiaries according to the will and BC law. For many estates, that also means deciding whether probate is required and completing the court paperwork to confirm the will and the executor’s authority to act.

You are not expected to know how to do all of this on day one. If you want a simple decision guide on probate, see https://willsandprobatelawyer.ca/do-i-need-probate-in-bc/. If you want an overview of legal support for executors and families, see https://willsandprobatelawyer.ca/estate-planning-wills-and-probate-services-bc/.

Phase 1 – The first 1–2 weeks: what truly cannot wait

The first days after a death can feel unreal. You may be juggling family, arrangements, and your own grief. If you have been named as executor, it helps to know this: only a few things truly need attention in the first week or two. Many other steps can wait until you feel steadier.

Locate the will and confirm who is executor

Start by finding out whether there is a will, and where the original is stored. Common places include:

• A clearly labelled folder or fireproof box at home
• A safety deposit box at a bank
• The lawyer’s office that prepared it
• A location recorded in the BC Wills Registry (which records where the will is kept)

If family members have older copies, keep them. If you find more than one version, note the dates and set everything aside together. A later will can change who the executor is, and it can change what you are expected to do.

Once you locate the will, confirm:

• Who is named as executor
• Whether there is an alternate executor
• Whether you are sharing the role as a co-executor

If there is a co-executor, reach out early and agree on how you will communicate and divide tasks. You do not need to interpret every clause right now. At this stage, the goal is simpler: confirm whether you are the person with legal authority to begin protecting the estate.

Secure the home, pets, and important documents

Next, focus on basics that protect people, property, and information:

• Secure the home and any vehicles
• Arrange care for pets right away
• Collect keys, access cards, and garage openers
• Gather obvious valuables that could be at risk if many people are coming and going
• Put essential documents in one safe place, such as:
  • The will and any codicils
  • Identification
  • Insurance policies
  • Property tax notices and mortgage papers
  • Bank and investment statements
  • Pension and benefits information
  • Any list of online accounts, devices, and passwords you can find

A common early mistake is handing out items “just to get things done.” Even with good intentions, it can create conflict later, and it can put you in a difficult position as executor. Until you understand the will and the estate’s debts and taxes, it is usually safer not to distribute possessions or transfer money, except for clear necessities such as funeral deposits or urgent bills.

If you need a simple boundary line, you can say:
“I’m not in a position to give anything out yet. I need to confirm my duties as executor first. Once I’ve reviewed the will and received advice, we can talk about keepsakes.”

Funeral, death certificates, and urgent notifications

Most families work with a funeral home to handle arrangements. You may be the one signing forms or confirming decisions. If you feel pressured to decide quickly, pause and ask questions. It is fine to take a moment before you commit to anything major.

When you meet with the funeral home, ask about ordering multiple original death certificates. Banks, insurers, pension providers, and some government processes often require official copies. Ordering several at the beginning can save time later.

In the first couple of weeks, you may also need to notify a few key parties, depending on the situation:

• The deceased’s employer or pension provider
• A landlord or strata, if the person rented or lived in a condo
• Key financial institutions, especially if automatic payments should be paused
• Benefits providers or insurers, where notice is time-sensitive

You do not need to contact everyone at once. Focus on the places where delay could cause real harm, such as missed mortgage payments, loss of insurance coverage on a vacant home, or an urgent benefits deadline.

If the estate involves a business, multiple properties, tenants, foreign assets, or a blended family situation, it is worth getting advice early. You can book a free consultation through https://willsandprobatelawyer.ca/contact/ or see service options at https://willsandprobatelawyer.ca/services/. You can also contact Tim Louis directly at (604) 732-7678 or [email protected]. An early plan can prevent costly missteps and reduce conflict later.

Phase 2 – Weeks 2–6: should you accept the executor role?

Once the funeral is over and the first wave of shock starts to ease, a different feeling often shows up. People begin asking, “So what happens now?” You may feel pressure to make decisions quickly, even though you are still grieving.

This is the window where it is worth slowing down and deciding whether you truly want to take on the executor role. You can help without taking on personal legal responsibility. You can also step aside if the job is too heavy or too risky.

You can say “no” to being executor

Many people assume that if they are named in a will, they have to do it. In British Columbia, that is not true. You can usually decline the role before you start acting in a way that shows you have accepted it. People often call this “renouncing.”

If you feel that the workload is more than you can realistically handle, or the emotional load is too much right now, it is acceptable to say no. Another executor named in the will, an alternate, or in some cases a professional or trust company can step in.

If you are unsure whether you have already “acted” as executor, or you want to step down safely, it is worth getting advice first. This is one of those moments where a short consult can prevent a bigger mess later.

Red flags that suggest you should get legal advice before accepting

Some estates are straightforward. Others come with traps that are easy to miss until you are already in the middle of them. Before you commit, consider getting legal advice if any of the following are true:

• The family is blended, estranged, or already tense, especially if someone was left out of the will
• The will looks very different from what people expected, or it was changed late in life
• There are major debts, tax issues, or unpaid support obligations
• There is property outside BC, or in more than one country
• There is an active business, rental property, or complex investment picture
• A beneficiary has hinted they may challenge the will

In these situations, acting as executor without guidance can feel like guessing your way through a minefield. A BC probate and estate lawyer can review the will, explain the real risks, and help you decide whether to accept the role, decline it, or accept it with a clear plan.

What happens if there is no will or no willing executor?

Sometimes there is no will. Other times there is a will, but the named executor has died, moved away, or cannot serve. When that happens, the estate can still be managed, but the path is different. A family member or another interested person can apply to be appointed by the court as an administrator.

An administrator’s duties are similar to an executor’s, but instead of following a will, they follow BC intestacy rules.

If you are facing that situation, the plain-language guide here can help you understand what comes next:
https://willsandprobatelawyer.ca/what-happens-when-you-die-without-a-will-in-bc/

If you are unsure whether to accept the executor role, renounce it, or apply as an administrator, it is often worth getting advice early. One conversation can save months of stress and help you avoid personal liability.

If you want to talk it through, you can book a free consultation by calling (604) 732-7678 or emailing [email protected]. You can also reach out through https://willsandprobatelawyer.ca/contact/ or see support options at https://willsandprobatelawyer.ca/services/.

Executor risks in BC and how a lawyer helps manage them

By now, you can probably feel it. Being an executor is not just paperwork. You are stepping into a legal role, and with that role comes responsibility. In BC, an executor is a fiduciary. That means you must act honestly, in good faith, and in the best interests of the estate and the beneficiaries.

When an estate is simple and everyone is on the same page, this can feel manageable. When there are debts, delays, or conflict, it can quickly start to feel like too much for one person to carry.

The biggest risk is personal liability

One of the most common executor fears is also one of the most real. If you pay out money or give away assets too early, and there is not enough left to cover taxes or debts, you may be the person who gets blamed for the shortfall. That can mean pressure from creditors, and sometimes from beneficiaries.

This is why experienced executors move carefully before they make final payments. It is also why many people wait to distribute the last portion of the estate until they are confident the tax picture is settled.

Deadlines keep running even while you are grieving

The estate does not pause just because life has been hard. Taxes still have deadlines. Probate steps can take time. Disputes and claims have limitation periods.

You do not need to memorise every timeline. You do need to know they exist, so you do not accidentally lose options or miss a key step that creates bigger problems later.

Certain estates carry higher risk

Executor stress tends to spike when the estate includes:

• Real estate that must be sold or managed, especially if there are tenants or a beneficiary living in the home
• An active business, a rental portfolio, or ongoing income that must be tracked
• Serious conflict between beneficiaries, where people argue about fairness or accuse the executor of favouritism

These are the situations where a lawyer can be more than “helpful.” They can be the difference between a steady plan and months of damage control.

How a probate and estate lawyer helps

A BC estate lawyer can help you:

• Map the steps in the right order, so you do not do things twice or miss a critical task
• Identify the true risk points, including taxes, debts, and timing
• Prepare or review probate documents and court filings
• Communicate with banks, insurers, realtors, accountants, and beneficiaries when emotions are running high
• Hold the line on fair process, so decisions are based on law and evidence, not pressure

In many families, having a lawyer involved reduces conflict. People may still disagree, but they are less likely to assume the executor is “making it up” when there is a clear legal process behind each step.

If you want practical help early, you can book a free consultation through https://willsandprobatelawyer.ca/contact/ or see support options at https://willsandprobatelawyer.ca/services/. You can also contact Tim Louis directly at (604) 732-7678 or [email protected].

When court involvement and disputes might be unavoidable

Most estates settle without a full courtroom fight. Still, some situations make court involvement more likely. That can include probate being required, an application for directions, or a dispute that prevents distribution.

You do not have to predict every possible problem. You do need to recognise warning signs early enough to protect the estate and protect yourself.

Warning signs of a brewing will dispute

It is worth getting legal advice sooner if you notice patterns like these:

• Someone was cut out unexpectedly, especially a child or long-term partner
• The will was changed late in life, particularly if the person was ill or dependent on one key individual
• There are questions about capacity or undue influence
• Beneficiaries are already arguing about fairness, gifts made before death, or who “deserves” what

None of this automatically means the will is invalid. It does mean the risk of a challenge is higher, and the executor may need to move more carefully.

When an executor should get legal advice about standing and deadlines

If someone has hinted they may contest the will, or you suspect a claim is likely, it is usually time to speak with a lawyer who handles probate disputes. They can explain:

• Who may be allowed to challenge the will, and on what grounds
• What limitation periods apply
• What your role is during a dispute, including what you should and should not do with estate assets
• Whether it is wise to pause certain distributions until the situation is clearer

For a plain-language overview, see:
https://willsandprobatelawyer.ca/bc-probate-and-will-disputes/

Even when a dispute is only a possibility, the estate still needs to be protected. Taxes still need attention. Property still needs to be secured. A lawyer can help you keep the estate moving without taking sides.

Court involvement does not always mean a long trial. Many disputes resolve through negotiation, mediation, or a focused court application for directions. The point of getting advice early is not to escalate. It is to keep the estate stable, protect your role as executor, and avoid decisions that create bigger problems later.

FAQ: executor questions in BC

1) What is an executor in BC and what do they do?

An executor is the person named in a will to manage the estate after someone dies. In BC, the executor secures the estate assets, pays funeral and estate expenses, pays valid debts and taxes, and then distributes what remains to the beneficiaries under the will. Many executors also need to decide whether probate is required and complete the court process if it is.

2) Can I refuse to be an executor in BC?

Yes. Being named in a will does not force you to serve. In BC, you can usually decline the role before you start acting as executor, and another named executor, an alternate, or a court-appointed administrator can take over. If you are unsure whether you have already “acted,” it is worth getting advice before you step aside.

3) How long does probate usually take in BC?

Many probate applications in BC take a few months from filing to receiving the grant, but timing varies. Delays are more common when paperwork is incomplete, assets are hard to value, the will is unclear, beneficiaries disagree, or a dispute is brewing. A lawyer can often reduce delay by getting the application right the first time.

4) Can an executor be held personally liable in BC?

Yes, in some situations. Personal liability can arise if you distribute money or assets too early, miss taxes, or fail to deal properly with estate debts. A practical rule is to keep good records and avoid final distributions until you are confident debts and taxes have been handled.

5) Can I be paid as an executor in BC, and how is the fee decided?

Executors in BC are usually entitled to reasonable compensation. The amount depends on the size and complexity of the estate and the work involved. In some estates the fee is agreed to by the beneficiaries, and in other cases it may be reviewed or approved through the estate accounting process or by the court if there is disagreement.

6) Do I need a lawyer to act as an executor in BC?

You are not required to hire a lawyer, but many executors do. A lawyer can explain your duties, prepare probate documents, help you manage risk around debts and taxes, and guide you through difficult situations such as real estate, businesses, or conflict between beneficiaries. If you want support, see https://willsandprobatelawyer.ca/services/ or contact the firm at https://willsandprobatelawyer.ca/contact/.

7) What happens if there is no will or no executor able to serve?

If there is no valid will, or no executor is willing or able to act, someone may apply to the court to be appointed as the estate administrator. The administrator does similar work to an executor but follows BC intestacy rules. For a plain-language overview, see https://willsandprobatelawyer.ca/what-happens-when-you-die-without-a-will-in-bc/.

Next steps: talk to a BC probate and estate lawyer

If you are a new executor and you feel overwhelmed, you are not alone. Most people do this once in their lives, while they are still grieving. You do not need to understand every form or memorise every duty before you ask for help.

In a first consultation, Tim Louis and his team can usually help you get clear on the essentials, including:

• What the will says, and whether there are earlier versions you should be aware of
• Whether probate is likely required, and what a realistic timeline looks like
• Whether it is safer to accept the executor role, step back, or share responsibilities
• What executor compensation looks like in practice, and how to communicate with beneficiaries without creating conflict

If you want practical guidance, you can contact Tim Louis & Company directly:

Phone: (604) 732-7678
Email: [email protected]
Website: https://timlouislaw.com

You can also reach out through the online form on https://willsandprobatelawyer.ca/contact/ or review support options at https://willsandprobatelawyer.ca/services/ and https://willsandprobatelawyer.ca/estate-planning-wills-and-probate-services-bc/.

A short, no-obligation conversation can give you a grounded sense of where you stand, what risks actually apply to your situation, and what next steps will make your work as executor safer and more manageable.

Further reading and resources

From WillsAndProbateLawyer.ca

• Do I Need Probate in BC?
  Helps you understand when a court grant is required and when an estate can be managed without full probate.
  https://willsandprobatelawyer.ca/do-i-need-probate-in-bc/
• Probate Pitfalls in BC
  Common mistakes that delay estates and how executors can avoid them.
  https://willsandprobatelawyer.ca/probate-pitfalls-in-bc/
• BC Probate and Will Disputes: Who Can Challenge, When, and How
  Plain-language overview of who may challenge a will in BC, common grounds, and timing.
  https://willsandprobatelawyer.ca/bc-probate-and-will-disputes/
• What Happens When You Die Without a Will in BC?
  Explains intestacy rules, who inherits, and what it means for families and administrators.
  https://willsandprobatelawyer.ca/what-happens-when-you-die-without-a-will-in-bc/
• Estate Planning, Wills and Probate Services in BC
  Overview of how the firm supports will-makers, executors, and beneficiaries.
  https://willsandprobatelawyer.ca/estate-planning-wills-and-probate-services-bc/

From Tim Louis & Company

• Vancouver Probate Lawyer
  How Tim Louis helps executors and families navigate probate and estate administration.
  https://timlouislaw.com/probate-lawyer-vancouver/
• Estate Lawyer Vancouver
  When you may need an estate lawyer and how Tim supports planning, probate, and disputes.
  https://timlouislaw.com/estate-lawyer-vancouver/
• Estate Administration in British Columbia: A Step-by-Step Guide for Executors
  A detailed BC-focused guide that pairs well with this article.
  https://timlouislaw.com/estate-administration-in-british-columbia-a-step-by-step-guide-for-executors/
• Intestacy in Canada
  Background on what happens when there is no will and how intestacy affects families.
  https://timlouislaw.com/intestacy-in-canada/
• Wills Lawyer Vancouver
  For readers who are executors now and want to update their own will after this experience.
  https://timlouislaw.com/wills-lawyer-vancouver/

Public legal education and government resources

• Government of British Columbia: Wills and estates
  Provincial overview of estates, probate, and executor responsibilities in BC.
  https://www2.gov.bc.ca/gov/content/life-events/death/wills-estates
• People’s Law School (Dial-A-Law): Your duties as executor
  Step-by-step overview of executor duties in BC in plain language.
  https://dialalaw.peopleslawschool.ca/your-duties-as-executor/
• People’s Law School: Being an Executor booklet
  Printable booklet that walks through the executor role and key estate stages.
  https://www.peopleslawschool.ca/publications/being-executor/
• BC Probate Registry (Supreme Court of BC): Probate forms and guidance
  Court-focused information, including forms and filing guidance for probate applications.
  https://www.bccourts.ca/supreme_court/self-represented_litigants/probate/default.aspx
• Canada Revenue Agency: Deceased persons and estate tax steps
  CRA guidance on final returns, obligations, and estate administration from a tax perspective.
  https://www.canada.ca/en/revenue-agency/services/tax/individuals/life-events/what-when-someone-dies.html