Being an out-of-province executor does not automatically mean you cannot administer a BC estate. However, distance can create additional practical and legal considerations. For example, a parent may live in BC while their adult child lives in Alberta. A sibling may live in Ontario but be named executor of a relative’s BC estate. Or a beneficiary may live outside Canada.
Can an executor live outside BC?
An executor does not necessarily have to live in British Columbia simply because the deceased lived here. BC’s Wills, Estates and Succession Act (WESA) provides for the administration of estates where personal representatives are outside the province. It also contains specific provisions dealing with foreign personal representatives and the resealing of grants from other jurisdictions, however, the precise process depends on the circumstances of the estate.
Why does location matter?
Even when an executor can legally act from another province or country, administering an estate remotely can be more complicated considering an executor may need to deal with:
- BC real estate
- Financial institutions
- Government agencies
- Tax matters
- Probate
- Estate creditors
- Property maintenance
- Personal belongings
- Beneficiaries
- Lawyers and other professionals
If the executor lives several hours away, or in another country, handling these responsibilities can take additional planning.
Probate may still be required in BC
If the deceased lived in BC and had assets that require probate, an out-of-province executor may still need to deal with the BC probate process. WESA permits the BC court to grant probate or administration in circumstances where the deceased was ordinarily resident or domiciled in BC, including where property is located in BC. The fact that the executor lives elsewhere does not eliminate the need to determine whether a BC representation grant is required.
What if the executor already has a grant from another province?
WESA allows a foreign personal representative to apply to have certain grants from another province, territory or prescribed jurisdiction resealed in BC. If the foreign grant is resealed, it has the same effect in BC as if it had been issued by the BC court, with respect to property situated in BC. There are specific procedural requirements, including notice and disclosure concerning BC property. In some circumstances, if a foreign grant cannot be resealed, the court may make an ancillary grant. WESA also allows for a limited grant to an attorney of a foreign personal representative in certain circumstances. The appropriate procedure depends on the estate and the jurisdiction involved.
What if the estate includes BC real estate?
Real estate can make an out-of-province estate more hands-on as the estate may need to maintain the property, keep insurance in place, pay property taxes, arrange repairs or sell the property. The executor does not necessarily need to physically be in BC for every step, however, they do need to make sure someone is properly handling the practical responsibilities.
Can the executor administer the estate remotely?
In many cases, yes. Modern estate administration can involve significant communication by email, phone, video conferencing, electronic document sharing, online baking and remote legal appointments. However, remote administration does not mean that an executor can simply manage everything from their location without assistance, some matters may still require local professionals or in-person action.
What if the executor cannot manage everything themselves?
An executor does not necessarily have to personally perform every task associated with an estate. Depending on the circumstances, an executor may work with professionals such as estate lawyers, accountants, financial advisors, or realtors. The executor remains responsible for properly administering the estate, but professional assistance can make the process much more manageable.
What if the executor lives outside Canada?
An executor living outside Canada may face additional complications including questions related to Canadian and foreign tax considerations, banking, court procedures, foreign probate or administration or cross-border property. WESA specifically provides mechanisms for foreign personal representatives in certain circumstances, including resealing foreign grants and ancillary grants. If an executor lives outside Canada, getting legal advice early can help clarify which process applies.
What should you do if you’re choosing an executor?
If you’re creating a will, don’t choose an executor solely because they are a close family member, consider whether they are not only responsible, organized and willing to take on the role, but if they are also comfortable dealing with financial matters, likely to have the time required and are located somewhere that makes administration practical
An out-of-province executor may be perfectly capable of administering an estate. But distance should still be considered when making the appointment.
What if your executor moves away after you make your will?
This is another reason to review your estate plan periodically. You may have named your daughter as executor when she lived in Vancouver. Years later, she may have moved to Calgary. That does not automatically mean your will needs to be changed, but it is worth considering whether the appointment still makes sense.
A local lawyer can make remote administration easier
For an executor who lives outside BC, having a local legal professional can provide an important point of contact.
A BC estate lawyer can help the executor understand:
- Whether probate or another representation grant is required
- The steps involved in administering the estate
- BC-specific legal requirements
- How to deal with BC real estate
- Beneficiary and creditor issues
- Estate distribution
- Other legal questions that arise during administration
This can be particularly helpful when the executor is also grieving and trying to manage an estate from another province or country.
Conclusion
An executor living outside BC may still be able to administer a BC estate successfully. While managing an estate from another province or country can present additional practical and legal considerations, understanding the requirements, staying organized, and obtaining local professional assistance can help make the process more manageable. If you have been named executor of a BC estate and live outside the province, you don’t necessarily have to handle everything alone. With the right guidance and support, you can fulfill your responsibilities and move the estate administration forward with confidence.
Find out more about our probate and estate administration services and book a consultation here.
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Disclaimer: This blog post is for informational purposes only and should not be construed as financial or legal advice. Consult with qualified professionals to create a personalized estate plan suitable for your specific circumstances.
