Executor Delays: What Beneficiaries Can Do When an Estate Drags On

Waiting on an estate is hard, especially when months pass with little news. Some delay is built into the process in British Columbia, but some is not, and the line between the two matters.

This article walks through what normal timing looks like, the questions worth asking first, and the court tools a beneficiary can use if an executor will not move the estate forward.

Some delay is built into the process

Even a well-run estate takes time. The executor usually has to gather documents, value assets, deal with banks and the Canada Revenue Agency, and in many cases apply to the Supreme Court for a grant of probate before anything can be sold or paid out.

Once the grant issues, the Wills, Estates and Succession Act (WESA) adds a waiting period. Under section 155, the executor must not distribute the estate within 210 days after the grant is issued, unless the court orders otherwise or the required people consent. If a will variation claim or another proceeding affecting distribution is started, the executor generally needs the court's consent to distribute even after that period. Our article on the 210-day rule for estate distribution explains the timing in more detail.

Tax is another common reason for a holdback. Executors often keep back part of the estate until final tax returns are assessed and any clearance is obtained, because they can be personally exposed if they distribute too early.

When a delay is a problem

WESA section 142 says an executor must administer and distribute the estate and account to beneficiaries. That duty does not come with a fixed deadline, but it does come with an expectation of reasonable progress. Warning signs include:

• No probate application many months after the death, with no explanation.
• Silence. Calls, emails and letters go unanswered.
• No information about what the estate holds or what has been done.
• Assets left idle or at risk, such as an empty house that is not insured or maintained.
• Conflict of interest, for example an executor who is living in an estate property or who benefits personally from the delay.

A delay with a reason and a plan is very different from a delay with no reason at all. Before taking any formal step, it helps to find out which one you are dealing with.

Start with a clear written request

Many stalled estates move again once the executor understands that a beneficiary is paying attention. A short, polite letter can ask for the status of the probate application, a list of assets and debts, what remains to be done, and a rough timeline. Our overview of beneficiary rights in BC covers the information you are entitled to ask for.

If that does not work, a letter from a lawyer setting out the executor's duties and the options available to you often brings a response. It also creates a record that may matter later if the court has to decide who pays the costs of an application.

If the executor has not applied for probate: a citation

Where an executor named in a will simply does nothing, Rule 25-11 of the Supreme Court Civil Rules lets a person interested in the estate serve a citation (Form P32) requiring the executor to apply for probate. The citation must be personally served and must explain why you believe the will exists and how it can be identified.

The executor then has 14 days to respond, either with a copy of the grant or filed application, or with an answer saying whether they will apply or refuse. An executor who refuses, does not answer, or does not obtain probate within 6 months of being served (or any longer period the court allows) is deemed to have renounced. Someone else can then apply for the grant.

If the estate is stalled after probate: an accounting

Once an executor is in place, a beneficiary who cannot get straight answers can apply under Rule 25-13 for an order that the executor pass their accounts. A beneficiary bringing the application must file an affidavit explaining why an accounting is needed. The court can review the accounts itself, send them to a registrar for an inquiry, and deal with the executor's remuneration at the same time.

Passing accounts is often the step that reveals what has actually been happening. It can also put pressure on an executor whose records are incomplete.

Removing or replacing the executor

Under WESA section 158, a person with an interest in the estate may apply to court to remove an executor or pass over someone entitled to be appointed. The court may do so if it considers that the person should not continue in office. The section lists examples, including an executor who is not responsive, or who is unwilling or unable to, or unreasonably refuses to, carry out the duties, to an extent that hampers the efficient administration of the estate.

If an executor is removed, section 159 generally requires the court to appoint a substitute who consents to act, unless the administration is complete or a new appointment is not considered necessary.

Removal is a serious step. The examples in section 158 focus on conduct that gets in the way of administering the estate, so friction between an executor and the beneficiaries is unlikely to be enough on its own. The focus is on whether the estate is being properly administered, so evidence of what you asked for, when, and what happened next is important.

Costs and choosing the right step

Every court application costs time and money, and the estate itself may end up bearing some of that cost. An executor can also go to court: section 86 of the Trustee Act allows an executor to ask the court for directions on a question about managing the estate, which sometimes resolves a dispute that is holding things up.

The right response depends on where the estate is in the process, what the delay is costing, and whether the problem is inaction, a disagreement, or something more concerning. Getting advice early can help you pick the least costly step that is likely to get the estate moving.

Waiting on an executor? Find out which step fits your estate

Our probate and estate lawyers can review where the estate stands, write to the executor on your behalf, and advise on citations, accountings and removal applications.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.