Estate and Personal Trust Services 700-808 West Hastings Street, Vancouver BC V6C 3L3 Ph: (604) 660-4444 Fax: (604) 660-0964 E-mail: estates@trustee.bc.ca

Estate Administration

As Official Administrator for British Columbia, the Public Guardian and Trustee administers estates of persons in BC who die with or without a Will when an executor, family member or other eligible person either does not wish to or is unable to carry out the administration of the estate.

Without a Will

When a person dies without a Will, the Estate Administration Act establishes the people who have a right to administer the estate.

In order of priority they are:

• Spouses, providing the spouse has not lived separate and apart from the deceased person for more than one year immediately before death, and includes a common law spouse (including a same gender spouse), providing the common law spouse has lived with the deceased person in a marriage-like relationship for a period of at least 2 years immediately before death.
• Children, grandchildren (or a guardian on their behalf)
• Parents
• Siblings and children of predeceased siblings
• Nieces and nephews
• Next of kin of equal degree of relationship.

Administering an Estate

Any one of the heirs to an estate can administer the estate with the consent of the other heirs. If there are no next of kin willing and able to handle this responsibility then the Public Guardian and Trustee as Official Administrator for BC may administer the estate.  The Public Guardian and Trustee will not usually administer estates with assets less than $5,000 as this is neither practical nor cost effective.

Administering an estate can be a lengthy process with many steps. These include:

• Making funeral arrangements
• Identifying, securing and dealing with assets
• Obtaining Letters Probate (where there is a will) or Letters of Administration from the Court
• Identifying and paying valid debts and claims against the estate
• Filing tax returns
• Dealing with any legal issues that arise
• Identifying, locating and distributing the balance of the estate to the rightful heirs and/or beneficiaries.

With a Will

When a person dies and leaves a Will, it is the responsibility of the executor named in the Will, usually a relative, friend or other trusted person, to handle funeral arrangements and administer the estate. If the executor cannot act and there is no one else (an alternate executor or a beneficiary) willing and able to administer the estate, the Public Guardian and Trustee may provide this service. The Public Guardian and Trustee can also be named as the executor in a Will. In either case, the estate is administered and distributed according to the instructions set out in the Will. 

In administering an estate the Public Guardian and Trustee provides expert, impartial, and professional service. Each estate is handled in accordance with established policies and procedures, including strict controls over how assets are secured, evaluated and disposed of and how estate funds are invested. Money held by the Public Guardian and Trustee while administering an estate earns interest. The Public Guardian and Trustee charges fees for administering an estate, set by regulation.

If you wish to discuss whether it would be appropriate to name the Public Guardian and Trustee as your executor, please telephone or email us and ask to speak to an Estate Administrator. To call toll-free from anywhere in BC, dial Enquiry BC at 1-800-663-7867 and ask to be transferred to the Public Guardian and Trustee's office.

Service Commitments

Estate and Personal Trust Services is currently piloting draft service commitments which identify important tasks to be completed in estate administration and a commitment to notify heirs and beneficiaries if any of these are not able to be completed. To review these, please click here.