What do I need to know as the executor of a will?

Last reviewed October 2024 by the Clicklaw editors

An executor is the person named in a will to carry out the instructions contained in the will. The executor is responsible for settling the person’s affairs after death. The person’s estate (everything they owned) passes temporarily to the executor. The executor gathers up the estate assets; pays the funeral costs, debts, and taxes; and distributes what remains of the estate to the beneficiaries in the will.

If you haven’t started managing any estate assets yet, you don’t have to be the executor if you don’t want to, even if you were named in the will. Being an executor can be tough and stressful, so only take the job if you’re prepared for it. Once you begin handling the estate, you can’t pass the role to someone else unless a court allows it.

If the executor dies before the job is done and there’s no other executor named in the will, usually the executor’s executor (the person named executor in the executor’s will) will take over as the new executor.

People’s Law School has a page that outlines your duties as an executor and the steps you need to follow.

If you choose to take on the role, you might need to probate the will.

Probate

Probate is a legal procedure that confirms the validity of the will and that you have the authority to act as executor. Be aware that you don’t always have to apply for probate. It depends on the type of assets in the estate. Certain assets can be passed down without requiring probate — an example would be land owned in joint tenancy with another person.

The probate procedure includes submitting special forms and the will to the probate registry of the Supreme Court. See our common question “How do I apply for probate?” for more information on the documents required for the application.

Helpful information

  • Wills and Estates (Government of British Columbia): This page has basic information about what the probate registry does, and information about estates and the executor’s role.
  • Being an Executor (People’s Law School): This booklet outlines what’s involved in being an executor and the steps you take as an executor. It answers such questions as Do I have to act as executor? Does an executor get paid? What do I do first?
  • Dealing with an Estate (People’s Law School): A collection of practical, step-by-step guides that you can use to learn more about how to deal with an estate.
  • LSLAP Manual: Wills & Estates Administration (PDF) (Law Students’ Legal Advice Program): This chapter has a section on probating a will and distributing the estate.

Helpful services

  • Lawyer Referral Service (Access Pro Bono): This service offers a free, brief initial consultation with a lawyer to determine your legal needs. If you’d like further help from your lawyer, you can retain them at a rate you both agree to.
  • Find more services.