Before the grant: what an executor can do
The will appoints the executor, but third parties want proof. A bank holding an account in the deceased’s sole name, or the Land Title Office asked to register a house in the executor’s name, will generally require a grant of probate first. The weeks before the grant are still busy. Practical first steps:
- Find the original will and any later documents. The applicant for a grant has to swear that a diligent search was made, including the places the deceased kept papers, their computer and phone, and any online storage they used.
- Order a search of the provincial wills registry. The search certificate is filed with the application.
- Secure the home. Change locks if keys are unaccounted for, redirect mail, and tell the home insurer about the death; ask what the policy requires while the house is empty.
- Make a list of assets and debts with their values at the date of death. The executor must disclose the property that passes through the estate, wherever it is and whatever its value, and the probate fee is calculated from that list.
- Keep estate money separate from your own, and keep receipts for everything you pay.
What an executor should not do yet is distribute anything, sell the house, or promise a beneficiary a particular asset. Those decisions come after the grant, and some have to wait longer.
Applying for the grant
Before applying, the executor must deliver a notice of the proposed application (Form P1), with a copy of the will, to the people the Supreme Court Civil Rules list, including the beneficiaries and the spouse and children who would inherit if there were no will. The application cannot be filed until at least 21 days after delivery. The package then goes to the court with the will, the wills search certificate, a sworn statement of assets and liabilities, and the probate fee. Our article on how long probate takes in BC explains the timeline, and the probate checklist lists the documents.
The application can be filed in any Supreme Court registry in the province. For Dunbar families the Vancouver registry at the Law Courts, 800 Smithe Street, is a convenient choice, about 8 km by road from the Dunbar Community Centre, but it is not compulsory.
What the probate fee will be
The fee is set by the Probate Fee Act and is paid before the grant issues. It is charged on the gross value of the BC real estate and tangible property that passes to the executor, plus, for someone who lived in BC, their intangible property such as bank and investment accounts wherever held. Nothing is payable on the first $25,000; the next $25,000 is charged at $6 per $1,000, and everything above $50,000 at $14 per $1,000. For a house worth $2,000,000 with no mortgage and nothing else in the estate, the fee would be $27,450, plus the court’s filing fees. Assets that pass outside the estate, such as a registered plan with a named beneficiary, are not counted. If an asset turns up after the grant, or a value has to be corrected, the executor must disclose it and pay the difference. Our probate fees calculator gives a quick estimate.
The house: from the grant to a sale or transfer
For a long-held family home, this is where the executor’s work becomes concrete. Under the Wills, Estates and Succession Act (WESA), land in the deceased’s name alone passes to the executor, who holds it in trust for the people entitled to it. The Land Title Act requires a certified copy of the grant (or, in limited cases, a court order vesting the land) before the Land Title Office will register that transmission. Once the executor is registered, they can sell the house or transfer it to the beneficiary the will names.
Points to settle before the house is sold or transferred:
- If two or more executors were appointed, all of them must join in selling or transferring the land, unless the court approves otherwise.
- If the will leaves the house to one person, that beneficiary can require the executor to transfer it, but only once the estate’s debts and expenses are provided for. A transfer can be made subject to a charge for money the executor still has to pay.
- If the house is to be sold, the beneficiaries are entitled to know how the price was set and what was paid out of the proceeds. A written appraisal and a record of the listing protect the executor.
- All of this assumes the house was registered in the deceased’s name alone. If title was shared, a different process may apply, so our probate and estate administration team checks the title search before anything else is done.
Debts, creditors and the 210-day wait
An executor who pays the beneficiaries before the debts can end up personally responsible for them. Two rules help.
First, the executor may publish a notice to creditors in the BC Gazette, giving them at least 30 days to present their claims. After that period the executor can distribute, having regard only to the claims they know about, and is not liable for a claim that was not presented in time.
Second, WESA generally prevents distribution within 210 days after the grant is issued. That period protects the spouse and children, who have 180 days from the grant to start a claim to vary the will. The estate can be distributed earlier only with the consent of all the beneficiaries and everyone who could bring a variation claim, by order of the court, or, where some beneficiaries cannot be found, if the executor sets aside their shares and enough to meet any possible variation claim, at the executor’s own risk. Our article on what happens after probate is granted covers the steps after the grant.
The order of events at a glance
| Stage | What happens | Timing |
|---|
| First weeks | Will found, wills search ordered, home secured, assets and debts listed | As soon as practical |
| Notice | Form P1 and a copy of the will delivered to beneficiaries and family | At least 21 days before filing |
| Grant | Application filed in a Supreme Court registry; probate fee paid | After the 21 days |
| House | Transmission registered at the Land Title Office; sale or transfer | After the grant |
| Creditors | Optional notice in the BC Gazette | At least 30 days for claims |
| Distribution | Debts paid, accounts prepared, estate paid out | Generally not within 210 days of the grant |
Being paid for the work
Executors in BC can be paid. Under the Trustee Act, the court may allow a fair and reasonable amount, up to 5% of the gross aggregate value of the estate, capital and income, plus, on an annual application, a care and management fee of up to 0.4% of the average market value of the assets. If the will sets the executor’s pay, those statutory rules do not apply. The amount can be agreed with the beneficiaries when the accounts are approved; if it is not, the court decides. Pay is earned by the work done, and the court can reduce it: our case note on an executor’s fee disallowed for “dismal failures” shows what that looks like, and the article on executor fees in BC sets out the usual factors.
When an executor should step back, or be removed
Being named as executor is not an obligation to act. A person who does not want the job can renounce it, ideally before taking any steps in the estate, and the estate is then administered as though they had not been named. An executor who has started but cannot continue should take advice on applying to be discharged.
Where an executor will not act, has a conflict, or is not administering the estate properly, a person with an interest in the estate can ask the court to remove them or pass them over in favour of someone else. Our articles on justified reasons to remove an executor and what to do when an executor is not communicating give examples. These applications go to our estate litigation team.
If you are a beneficiary
A beneficiary of a Dunbar estate is entitled to a copy of the will with the P1 notice, to an accounting of how the estate was administered, and to be paid once the debts are settled and the waiting period has passed. Delay on its own is not misconduct, but silence for months after the grant is a reason to ask questions. If you believe the will itself is unfair to you as a spouse or child, the 180-day limit runs from the date the grant issues, so seek advice early. See our article on how long an executor can withhold money from a beneficiary.
Who you will work with
Veronica Manski, called to the bar in 2015, leads our probate and estate administration work and prepares grant applications for executors. Sandy Minh Abley heads estate planning. Disputes about executors, wills and gifts go to the estate litigation practice of Candace Cho, KC. She joined forces with Judith A. Janzen in 2012, and the litigation team includes Katya Richardson, Valerie LeBlanc, Jackson Todd, TJ Garcha, Kevin Campbell, Louisa Ledesma, Jesse Patrao and Julia Pinnock.
For a separation rather than an estate, see our Dunbar family lawyers.
Common questions
Do I need probate to deal with my mother’s house in Dunbar?
If the house was registered in her name alone, yes. The Land Title Office will not register it in the executor’s name without a certified copy of the grant. If she shared title with someone, the answer depends on how title was held, which a title search shows.
How soon can the estate be paid out?
Not within 210 days after the grant unless all the beneficiaries and everyone who could claim to vary the will consent, or the court orders it. Debts and expenses have to be dealt with first.
Can I be paid for acting as executor?
Yes. Unless the will sets the amount, the court can allow up to 5% of the gross value of the estate, plus an annual care and management fee in some cases. The beneficiaries can agree to the amount when they approve your accounts.
I do not want to be executor. What are my options?
You can renounce, preferably before you take any steps in the administration. If you have already started, ask about applying to be discharged rather than simply stopping.
Is the first meeting free?
The first 30 minutes are free for estate disputes. For probate and estate administration, the terms of a first meeting are explained when you call (604) 900-2538.
