The personal representative is responsible for many details when it comes to the estate of the deceased. The personal representative is known as the Executor when there is a Will and the Administrator if there is no Will.
The information below is intended to guide the personal representative of an estate through the initial arrangements immediately following the death of the deceased and is not meant to constitute legal advice.
If the deceased left a Will, the Executor named in the Will is responsible for “settling the estate” of the deceased. Settling the estate involves locating property owned by the deceased, paying any debts, paying funeral costs and taxes and then distributing the estate in accordance with the deceased’s Will. If the deceased died without a Will, a person must apply to court for permission to settle the estate.
Useful links for Executors in British Columbia
Funeral Arrangements
Locating and reviewing the Will, if there is one, will identify the named Executor or Executors.
The deceased may have left instructions as to their preference with regard to the disposition of the remains (for example, by cremation, burial, organ donation). These instructions are binding upon the Executor.
Whoever instructs the funeral home is usually liable for the funeral expenses. However, such expenses normally form a first charge on the assets of the estate, and some financial institutions will allow these to be paid from the deceased’s bank account even before probate has been granted. If the death happened at home, call the funeral home when you are ready. If the death happened at a hospital, inform the hospital of the name of the funeral home selected. You or the hospital can contact the funeral home.
Death Certificate
When a person dies, there are things to take care of in addition to making the funeral arrangements. Death registration is critical for a number of reasons. Besides creating a legal record of the death, it makes it possible to issue the Death Certificates that survivors need to apply for benefits or insurance and to take care of the administrative tasks of settling an estate.
A Death Certificate is an extract of the information provided on death registration. Individuals handling the estate of a deceased person will need to produce the Death Certificate every time they are required to provide proof of death (for example, to cancel a health card or driver’s licence or to settle insurance or investments).
It is important to ascertain how many original Death Certificates you will need. A complex estate with multiple bank accounts, accounts and assets will need additional original Death Certificates. It is good practice to order at least two original Death Certificates initially. More certificates can be ordered at a later date if needed.
You can obtain a Death Certificate by contacting the BC Vital Statistics Agency, or ask the funeral home obtain one for you.
Searching for the Will
The Will may be in the deceased’s home, in a safety deposit box, or at the office of the lawyer or notary public who drafted the Will. Be sure to make a diligent search for the deceased’s Will as the personal representative must swear an affidavit to that effect as part of the application for an estate grant (probate).
Wills Notice Search
A Wills Notice Search is a record of the details of the Will of the deceased (name, date of birth, date of last Will and/or Codicil of the deceased), and where the will is located. The registration of a Wills Notice is voluntary and prepared through the BC Vital Statistics Agency which maintains a Wills Registry for such purpose. It is important to note that a Wills Notice does not include a copy of the actual Will.
You may need to probate the Will as part of settling the estate. The Executor must include the results of an application for Search of Wills Notice with the application for probate which can take between four to six weeks to obtain. You can also ask your lawyer to conduct the Wills Notice search on your behalf.
Housekeeping Matters
You should confirm any properties or cars owned by the deceased are insured and secure. You may want to change the locks on the premises. Search for cash, securities, jewelry and other valuables, and arrange for safekeeping. Pay any rent or utilities owing, and give notice if necessary. Have mail redirected to your premises or your lawyer’s office.
Financial Accounts
The Executor or Administrator should arrange to cancel all credit cards and bank cards, and inform the financial institutions of the death. Check any mortgages or agreements for sale, and arrange for payment or deferral of payments. You should also request claim forms and written confirmation of benefits from any insurers.
Expenses
Keep track of all expenses incurred in dealing with the estate and save copies of receipts so you can be properly reimbursed later. These expenses should be reasonable. It is important to note that the personal representative (Executor or Administrator) can be personally liable for the debts of the estate and therefore great care must be taken the record keeping of an estate.
Searching the Safety Deposit Box
Search the safety deposit box for any Wills, as well as to take an inventory of the assets. Bring the key, the Death Certificate, and some identification with you to the bank. A bank employee must be present while the safety deposit box is opened and the inventory listed.
Carefully mark down serial numbers on securities, and whether any items have expiry dates. Normally the bank will not let you remove the contents, except for the Will, until after probate has been granted, but if possible, take photocopies of items like share certificates.
Inventory of Assets and Liabilities
Make an inventory of all of the deceased’s assets and liabilities. Search his or her home, and look for bank statements, income tax returns, property tax bills, credit card bills, life insurance policies, and any other clues about any assets or liabilities the deceased may have had.
Some of the deceased’s assets may not fall into the deceased’s estate and may pass to persons outside the estate. Also, property owned jointly by the deceased and another person may become the property of the other person by right of survivorship. Life insurance and RRSPs or RRIFs with designated beneficiaries may go directly to those beneficiaries and not form part of the deceased’s estate. The law relating to joint tenancies has been modified somewhat so the personal representative may need to seek legal advice as to how certain jointly held assets should be treated.
The Executor named in the Will is responsible for protecting the assets until the estate is ready to be distributed. If an executor is not involved, those close to the deceased can help protect the assets. For example, if the deceased’s home is not occupied, make sure the home is secured, appliances are turned off, and any pets are looked after. If the home is to remain vacant, tell the police.
Make sure any vehicle owned by the deceased is locked in a safe place. Safeguard any wallet, purse or briefcase owned by the deceased. Secure the deceased’s key pieces of identification, such as their social insurance card, medical card, driver’s license and passport.
Pension and retirement benefits
Depending on the deceased’s age, he may have been receiving Old Age Security or Canada Pension Plan benefits. You will need to notify these departments of the death, and in some cases, you may be able to apply for death benefits under these plans.
What to bring to the Lawyer’s office
You can save time and money if you bring the following to your lawyer’s office:
- the original Will and any Codicils (amendments), if you have located them;
- any notes or memoranda regarding funeral arrangements or dealings with assets;
- the deceased’s birth, marriage, and Death Certificates, and social insurance number; bank books or statements up to the time of death;
- a list of properties owned by the deceased with the addresses and copies of the titles, if available, together with approximate values;
- details of any motor vehicles or boats owned by the deceased including model, year, and registration numbers;
- contents of the safety deposit box;
- details of any other assets not listed above;
- a list of liabilities of the deceased, including funeral expenses, as complete as possible, together with approximate amounts;
- income tax returns for the past five years, and the names of any financial advisors;
- an outline of the deceased’s family tree, and relatives’ names, ages, occupations, and present addresses, and any other significant relationships with people who may be listed in the Will; and
- a list of banks where the deceased may have had accounts, RRSPs, or other investments.
You should also be prepared to discuss the deceased’s mental state at the time of writing the will (if known), his or her relationship with relatives, and whether or not there are likely to be any disappointed parties who may seek to challenge the Will (if one exists) in order to seek a portion of the estate.