Locate the will and confirm who is acting
The original will should be located and reviewed. B.C.’s Wills Registry records notices about where a will is stored but does not hold the will itself. A wills notice search can be required as part of an application for probate. B.C. Wills Registry
Identify assets, liabilities and immediate obligations
Create an inventory of bank accounts, investments, real estate, vehicles, personal property, business interests and digital assets. At the same time, identify mortgages, credit cards, taxes, utilities, funeral expenses and other liabilities. Secure property and maintain appropriate insurance while administration is underway.
Determine whether an estate grant is required
Probate confirms an executor’s authority under a will. Whether probate is required can depend on the types of assets and institutions involved. The province notes that an executor may need to prove authority before carrying out the will’s instructions. After a Death: wills and estates
Do not distribute too early
An executor has duties to the estate and beneficiaries, but also needs to address valid liabilities and tax issues. Premature distribution can create personal risk if money is later required for debts, taxes, claims or administration costs.
Keep a clear accounting
Maintain records of money received, bills paid, professional fees, tax payments and distributions. Separate estate funds from personal funds. Beneficiaries may need an accounting, and organized records make questions easier to answer.
When disputes or uncertainty arise
Seek legal advice where there is a possible will challenge, disagreement about interpretation, concerns about capacity or undue influence, creditor issues, missing beneficiaries, a business interest or uncertainty about an executor’s authority. Estate disputes can become litigation if positions cannot be resolved.
Related reading
For planning before death, see our Burnaby wills and estates guide. To verify an estates lawyer’s practising status, use our finding a B.C. lawyer guide.