Executors

Executor Duties in BC — What You Need to Know

Q: Can I refuse to be executor in BC?

Yes. Being named as executor in someone's will does not obligate you to serve. You can renounce the role before you begin acting on the estate. However, once you start acting as executor (called 'intermeddling'), renouncing becomes more complicated and may require a court application.

Q: Do executors get paid in BC?

Yes. Executors in BC are entitled to compensation, typically up to 5% of the gross estate value. The will may specify a different amount. If the executor and beneficiaries can't agree on compensation, a court can determine a fair amount.

Q: Can an executor be personally liable in BC?

Yes. Executors can be personally liable for losses caused by negligence, breach of fiduciary duty, distributing too early (before the 210-day variation period), or failing to pay debts and taxes before distributing assets.

Q: How long does an executor have to settle an estate in BC?

There is no strict legal deadline, but executors are expected to act with reasonable diligence. The 'executor's year' is a common guideline — beneficiaries generally cannot compel distribution within the first year. However, unnecessary delays can result in complaints to the court.

You've been named executor in someone's will. It's a significant responsibility — here's what BC law requires of you, step by step.

Updated April 2026 · 9 min read

Key Takeaways

You can refuse the role — but only before you start acting on the estate
Executors have a fiduciary duty: you must act in the beneficiaries' best interest
Compensation is typically up to 5% of the gross estate value
You are personally liable for mistakes — distributing too early is the most common one
Wait 210 days after the grant of probate before distributing assets

What is an executor?

An executor (also called a "personal representative") is the person named in a will to manage the deceased's estate. Your job is to carry out the instructions in the will: pay debts, file taxes, and distribute assets to the beneficiaries.

It's a fiduciary role. That means you have a legal duty to act honestly, in good faith, and in the best interests of the beneficiaries — not yourself.

Can you refuse?

Yes. Being named in a will doesn't force you to serve. You can renounce the role by filing a renunciation with the court before you take any action on the estate.

The key word is before. Once you start acting — accessing accounts, contacting institutions, paying bills — you've "intermeddled" and renouncing becomes much harder. If you're unsure, don't act. Consult a lawyer first.

The executor's duties: a complete checklist

Immediate duties (first 1–2 weeks)

Locate the original will and any codicils (amendments)
Arrange the funeral (if no other arrangements were made)
Secure the deceased's property — change locks if needed, ensure insurance is active
Obtain the death certificate from BC Vital Statistics
Notify banks, credit card companies, and government agencies (CPP, OAS, Service Canada)

Early administration (first 1–3 months)

Inventory all assets: real property, bank accounts, investments, vehicles, personal property
Identify all debts: mortgages, loans, credit cards, taxes owing
Get assets valued (real estate appraisals, investment statements as of date of death)
Open an estate bank account for managing estate finances
Notify beneficiaries of their entitlements under the will
Determine if probate is required and apply if so
Publish a notice to creditors (in a local newspaper and the BC Gazette)

Ongoing administration

Pay valid debts and ongoing expenses from the estate account
Manage and protect estate assets until distribution
File the deceased's final income tax return (due April 30 of the year after death, or 6 months after death — whichever is later)
File an estate tax return (T3) if the estate earns income
Obtain a CRA clearance certificate before final distribution
Keep detailed records of all transactions

Final distribution

Wait at least 210 days from the grant of probate (the wills variation period)
Ensure all debts, taxes, and expenses are paid
Prepare a final accounting for beneficiaries
Distribute assets according to the will
Obtain releases from beneficiaries if possible

The 210-day rule

Under WESA, certain people (spouses and children) can apply to vary (change) a will within 180 days of the grant of probate. With processing time, executors should wait at least 210 days before distributing assets.

If you distribute before this period and a variation claim succeeds, you may be personally liable to satisfy the claim from your own funds.

This is the most common executor mistake in BC. It's understandable — beneficiaries want their inheritance, and the executor wants to finish. But distributing early creates real personal risk. Wait.

Executor compensation

Executors are entitled to be compensated for their work. The common guideline in BC is up to 5% of the gross estate value, though this can vary:

The will may specify a fixed amount or percentage
Beneficiaries and the executor can agree on a different amount
If there's a dispute, the court determines fair compensation based on the work involved

Executor compensation is taxable income. You should also be reimbursed for reasonable out-of-pocket expenses (legal fees, appraisals, travel, etc.) from the estate.

Personal liability risks

Executors can be held personally liable for:

Distributing too early — before the 210-day variation period or before debts are paid
Failing to pay taxes — CRA can pursue the executor personally
Self-dealing — buying estate assets for yourself or favoring your own interests
Poor investment decisions — executors must manage assets prudently
Failure to account — beneficiaries can compel you to provide a detailed accounting

When to hire a lawyer

You're not required to handle everything yourself. Many executors hire an estate lawyer to handle probate and advise on complex issues. The legal fees are paid from the estate, not from your own pocket.

Consider hiring a lawyer if:

The estate is large or complex
There are potential disputes among beneficiaries
The estate includes a business
There are assets in other provinces or countries
You're unsure about any of your duties

Frequently asked questions

Can I refuse to be executor in BC?

Yes. You can renounce before you start acting on the estate. Once you've intermeddled (taken any action), renouncing requires a court application.

Do executors get paid in BC?

Yes. Executors are entitled to compensation, typically up to 5% of the gross estate value. The will may specify a different amount.

Can an executor be personally liable in BC?

Yes. Common causes include distributing before the 210-day variation period, failing to pay taxes, self-dealing, and poor asset management.

How long does an executor have to settle an estate in BC?

There's no strict deadline, but executors must act with reasonable diligence. The "executor's year" is a common guideline. Unnecessary delays can result in court complaints from beneficiaries.

Disclaimer: This article provides general information about executor duties in British Columbia. It is not legal advice. If you've been named executor, consider consulting a qualified BC estate lawyer about your specific responsibilities and any complex issues in the estate.