Executor Duties in BC: A Practical Guide for Greater Victoria Families

Being named an executor is an honour. It means someone trusted you with their final affairs. But when that responsibility becomes real, many people find themselves wondering: what exactly am I supposed to do now? If you live in Victoria, Saanich, Oak Bay, or anywhere else in Greater Victoria and have recently been named executor of an estate, this guide walks through the role step by step.

This is not legal advice. Every estate is unique, and consulting a probate lawyer and accountant is strongly recommended. What follows is a practical overview of what to expect so you can approach your role with confidence and clarity.

What is an executor?

An executor (called a "personal representative" in British Columbia's Wills, Estates and Succession Act) is the person legally responsible for managing a deceased person's estate. This includes gathering assets, paying debts and taxes, and distributing what remains to the beneficiaries named in the will.

If there is no will, the court appoints an administrator who performs similar duties under the Estate Administration Act. The process is more complex without a will, and professional legal guidance becomes even more important.

Your first steps as executor

When you first learn you have been named executor, the responsibilities can feel overwhelming. Break it down into manageable first steps:

1. Locate the will and important documents

Find the original will. This is critical. In BC, most wills are held by a lawyer, a notary, or with the deceased's personal effects. You will also need:

• Birth certificate and death certificate
• Marriage certificate (if applicable)
• Property titles and mortgage documents
• Bank account and investment records
• Tax returns for the past six years
• Insurance policies (life, property, vehicle)
• Pension and CPP documents
• Any existing powers of attorney or representation agreements

2. Notify key institutions

You will need to notify banks, financial institutions, the Canada Revenue Agency, Service Canada (for CPP and OAS), ICBC (if the deceased owned a vehicle), and any pension providers. Most institutions have dedicated estate departments that will guide you through their specific requirements.

3. Secure the estate's property

If the deceased owned real estate in Greater Victoria, you are responsible for securing and maintaining those properties. This means:

• Ensuring the home is locked and secure
• Arranging for ongoing maintenance (lawn care, snow removal, heating in winter)
• Notifying the home insurance provider of the death and confirming coverage continues
• Forwarding mail or setting up mail collection
• Protecting valuable items and important documents

The probate process in British Columbia

Probate is the legal process that confirms the will is valid and gives the executor the authority to administer the estate. In BC, you apply to the Supreme Court of British Columbia for a Grant of Probate. Here is what that involves:

• Filing the application: Your lawyer will prepare the application package, which includes the original will, affidavits, and a detailed inventory of the estate's assets and liabilities.
• Court fees: BC probate fees are calculated on the value of the estate. As of 2026, the fee is approximately $0 for the first $25,000, then roughly $6 per $1,000 of estate value above that. For a $1 million estate, the probate fee is around $6,000.
• Timeline: Uncontested probate applications in BC typically take 6 to 12 weeks, though complex estates can take longer.

Not every estate requires probate. Small estates, or those where all assets are held jointly or have named beneficiaries (such as RRSPs and life insurance), may not need a Grant of Probate. Your lawyer will advise on whether probate is necessary in your situation.

Managing real estate in the estate

Real estate is often the largest and most complex asset in a Greater Victoria estate. If the deceased owned a home, here is what you need to know:

Deciding whether to sell

If the will directs that the home be sold and the proceeds distributed, your role is clear. If the will gives the home to a specific beneficiary, the property transfers to them subject to any outstanding mortgage. In situations where the will is silent, you must act in the best interests of all beneficiaries.

Selling a home as an executor is different from selling your own home. You have a fiduciary duty to get the best possible price for the estate, and you must follow proper procedures. Working with a REALTOR who understands estate sales in Victoria can make a significant difference.

Preparing the home for sale

A home that has been lived in for many years may need significant work before it can be listed. As executor, you will need to:

• Declutter and remove personal belongings (with input from family members)
• Arrange for necessary repairs or cleaning
• Decide whether to stage the home or sell as-is
• Obtain a market valuation from a local real estate professional
• Price the home appropriately for Victoria's current market conditions

Estate sale companies in Greater Victoria can handle the contents of the home, which is especially helpful when there is a large volume of belongings to sort through.

Timing the sale

In Victoria's seasonal real estate market, spring and early summer typically offer the strongest buyer activity. However, as executor you cannot simply wait for the ideal market. You must act reasonably and in the interests of the beneficiaries. If the estate needs cash to pay debts or taxes, or if carrying costs (mortgage, utilities, insurance) are draining the estate, listing sooner rather than later may be the right choice.

Debts, taxes, and distributions

Before distributing anything to beneficiaries, you must ensure all debts and taxes are paid. This is one of the most important executor responsibilities.

Notifying creditors

BC law requires executors to publish a notice to creditors in the BC Gazette and a local newspaper. This gives creditors a window to make claims against the estate. After that window closes, you can distribute assets with confidence that you will not be personally liable for unknown debts.

Filing final tax returns

You will need to file:

• A final T1 income tax return for the year of death
• A T3 trust return for the estate itself (if the estate earns income during administration)
• A Clearance Certificate from CRA before distributing assets, if the estate is large or complex

An accountant with estate experience can handle this. The fees are paid by the estate and are usually tax deductible.

Distributing to beneficiaries

Once debts, taxes, and expenses are paid, you can distribute the remaining assets according to the will. Get receipts and releases from each beneficiary. Keep detailed records of every distribution. Your role as executor ends only when you have fully accounted for all assets and all beneficiaries have received their inheritance.

Executor compensation

Executors in BC are entitled to reasonable compensation for their work. There is no set fee. The amount depends on the size and complexity of the estate, the time and skill required, and the results achieved. Many executors waive compensation if they are also a beneficiary, but this is a personal decision. If you choose to claim compensation, it is treated as income and must be reported on your personal tax return.

When to seek professional help

Executors do not have to do everything alone. In Greater Victoria, there are excellent professionals who specialize in estate administration:

• Probate lawyer: Essential for filing the probate application and navigating legal questions. Expect fees in the range of $3,000 to $8,000 for a straightforward estate, depending on complexity.
• Accountant: Handles the final tax returns and estate tax planning. Fees vary but are typically $1,000 to $3,000 for a simple estate.
• REALTOR with estate experience: Helps value and sell the property, navigating the unique considerations of an estate sale.
• Estate sale company: Sorts, prices, and sells the contents of the home. This can save weeks of work and reduce family conflict.
• Professional organizer: Helps with decluttering and preparing the home for sale, especially for large family homes in areas like Oak Bay, Saanich, or Victoria West.

All reasonable professional fees are paid by the estate. You are not expected to cover these costs personally.

Common challenges executors face in BC

Even straightforward estates present challenges. Here are some of the most common ones:

• Family conflict: Disagreements over personal belongings, the value of the home, or the timing of the sale can arise even in close families. A neutral third party can help mediate.
• Estate liquidity: If the estate's assets are mostly tied up in real estate, you may need to sell the home to pay taxes and debts before distributing anything to beneficiaries.
• Outdated will: If the will was written before changes in family circumstances (divorce, remarriage, new children or grandchildren), the executor may face legal complexities.
• Out-of-province assets: If the deceased owned property outside BC, you may need to go through probate in multiple jurisdictions.
• Time commitment: Administering an estate can take 12 to 24 months. Be realistic about the time involved, especially if you are also dealing with your own grief.

Frequently asked questions

Do I have to accept the role of executor?

No. You can renounce your appointment by signing a document called a Renunciation. If you renounce, someone else will need to apply to be executor. Renouncing early, before you take any steps, is simpler than resigning later.

How long does estate administration take in BC?

Most estates take 12 to 18 months from start to finish. Simple estates with a single property, no tax issues, and cooperative beneficiaries can be wrapped up in 6 to 9 months. Complex estates with multiple properties, business interests, or contested wills can take two years or longer.

Can I sell the house before probate?

In most cases, no. You need the Grant of Probate to legally transfer or sell real estate belonging to the estate. However, you can prepare the home for sale during the probate process: declutter, clean, make minor repairs, and even list the property for sale with a conditional clause. Your REALTOR and lawyer can help coordinate the timing.

What if I make a mistake as executor?

Executors are not expected to be perfect, but you are expected to act honestly, in good faith, and in the best interests of the beneficiaries. If you follow proper procedures, keep detailed records, and seek professional advice where needed, you are well protected. If you are unsure about any step, ask your lawyer before acting.

Do I need a lawyer to probate an estate in BC?

While it is technically possible to apply for probate without a lawyer, it is not recommended for most estates. The application is complex, the legal requirements are strict, and mistakes can be costly and time-consuming to fix. For any estate that includes real estate in Greater Victoria, professional legal guidance is strongly advised.

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About the author: Andrew Holenchuk is Team Leader of Victoria Property Group at eXp Realty and has been helping clients buy and sell homes in Greater Victoria since 2006. He has facilitated more than $1 billion in real estate sales and frequently assists families and executors with estate sales, probate properties, and downsizing transitions. This article provides general information and does not constitute legal advice. Always consult a qualified lawyer for advice specific to your situation.