As a BC Law firm that specializes in Probate law, we often come across clients who have been tasked with estate administration and are asking “What exactly does an executor do?”.  Whether you’ve been named an executor in someone’s will or are considering appointing one in your own estate plan, it’s vital to understand the legal duties, risks, and responsibilities that come with the role.

 

What is an Executor?

An executor is the person (or people) appointed in a will to carry out the instructions of the deceased. In BC, their role is governed primarily by the Wills, Estates and Succession Act (WESA). The job can be straightforward or highly complex, depending on the nature of the estate.

 

Key Duties and Responsibilities of an Executor in BC

The executor is legally responsible for managing the estate from the time of death until all assets have been distributed and final accounts settled. Core duties include:

1. Securing the Estate

  • Locate and secure all assets

  • Ensure valuables (jewelry, property, accounts) are protected

2. Applying for Probate (if required)

  • Determine whether probate is needed (learn more about probate in BC)

  • File an application with the Supreme Court of BC

3. Identifying and Paying Debts

  • Notify creditors

  • Settle outstanding debts, taxes, and final expenses (including CRA filings)

4. Distributing the Estate

  • Follow the terms of the will strictly

  • Ensure fair and proper distribution to beneficiaries

5. Keeping Records

  • Maintain detailed accounts of all transactions

  • Provide an accounting to beneficiaries or the court if required

 

Legal Obligations and Potential Liabilities

Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Failing to do so can result in personal liability. Common pitfalls include:

  • Distributing assets too early

  • Failing to pay taxes or creditors

  • Mismanaging investments or property

  • Not keeping beneficiaries properly informed

If beneficiaries suffer financial loss due to negligence or misconduct, an executor can be held personally liable.

Tip: Consider getting legal advice early in the process. A lawyer can help you assess risk and ensure compliance at every step.

 

When Should You Decline to Act as Executor?

Being an executor is a serious legal responsibility. If you are unsure about your capacity to handle the task, it’s entirely appropriate to decline. You might want to reconsider your role if:

  • You live out of province or country

  • You have a conflict of interest with beneficiaries

  • The estate is complex or contentious

  • You have health issues or time constraints

You can renounce your role before you begin acting as executor by filing a Renunciation of Probate with the court.

 

Tips for Staying Organized and Compliant

If you choose to take on the role, these strategies can help:

  • Keep detailed notes of all communications and transactions

  • Open a separate estate account to avoid co-mingling funds

  • Use checklists to track deadlines and tasks

  • Communicate regularly with beneficiaries to maintain transparency

  • Engage professionals (lawyers, accountants, appraisers) as needed

 

Final Thoughts

Acting as an executor in British Columbia is both an honour and a legal responsibility. While the role involves significant work and risk, with the right knowledge and support, executors can carry out their duties effectively and avoid common pitfalls.

If you’re preparing your own will, be sure to choose someone who understands what’s involved and is willing to accept the role. And if you’ve been named as an executor and are unsure of the next steps, it’s wise to seek guidance.

 

How ALG Lawyers Can Help

 

At ALG Lawyers, we understand the weight of responsibility that comes with being an executor. Our team has extensive experience navigating estate administration, probate applications, tax filings, and disputes. We provide:

  • Clear, step-by-step guidance through the probate and estate administration process

  • Support in dealing with financial institutions, the CRA, and beneficiaries

  • Help to avoid executor liability and common pitfalls

  • Assistance with court filings, renunciations, and estate accountings

Whether you need full-service support or just legal advice at key stages, we’re here to help. Our team is known for being approachable, efficient, and compassionate during what is often a difficult time.

If you’re ready to speak with a lawyer about your duties as an executor or need help administering an estate, contact ALG Lawyers today to schedule a consultation with one of our experienced estate lawyers. We’re here to help you every step of the way.

 

 

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