Estate Planning / Estate Administration

Fulfilling your
responsibilities

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Distributing a loved one's
affairs following their death

Following the death of a person, their estate needs to be managed. An estate is made up of the assets owned by an individual at death. Estate administration refers to the process of collecting and managing the estate, dealing with the funeral home, paying any debts and taxes, and distributing the remaining property to the heirs of the estate. These steps can be overwhelming without an understanding of the administration process.

Our lawyer team at FH&P Lawyers assists clients daily with this process and these basic duties:

  • Completing an inventory and valuation of all assets and debts
  • Gathering names and addresses of all beneficiaries and next-of-kin
  • Cancelling subscriptions and charge cards, redirecting mail, and wrapping up other personal matters
  • Taking control of all assets, including the transfer of ownership registrations and the collection of any debts
  • Paying all valid or proven debts left to the estate (the Executor or Administrator may be held personally liable for these debts if they remain unpaid after the distribution of the estate)
  • Filing the necessary Court documents for the estate
  • Selling assets as necessary and distributing the estate
  • Preparing and obtaining approval from the beneficiaries, heirs-at-law or the court for accounts showing assets, receipts, disbursements, and distribution of the estate


When There's No Will or Executor:

If no Will was left by the deceased, certain individuals are eligible to apply for a Grant of Administration in order to handle the estate. If successful, the person who is named as Administrator is legally able to administer the estate.

A special type of Grant of Administration called Administration with Will Annexed can also be used to assign an administrator if

  • The deceased did not name an Executor
  • The Executor has died since the will was made and no alternate Executor was named
  • The Executor gives up the right to apply to the court for Probate without an alternate Executor being able to act

Book a
Consultation

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Zoom as a witness

BC has allowed the electronic presence of a witness via videoconference acceptable for the witnessing of estate planning documents.

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

The general rule is that the executor has one year from the testator's date of death, and in the case of an administration, the administrator has one year from the date of the grant, to settle the affairs of the estate.

Estate Administration Lawyers

Colin Flannigan
Associate
Jen Schreurs
Associate