When a Parent Dies in BC: A Legal Checklist for the First Weeks

When a parent dies, the paperwork arrives at the hardest possible time. Some of it is genuinely urgent, but much of it can wait a few weeks while you look after yourself and your family.

This checklist is for adult children and surviving spouses in British Columbia. It sorts the first weeks into what needs doing now, who to tell, and what not to do yet, and it explains when a lawyer and a court grant may be needed.

First days: the death and the funeral

If the death was expected, the medical team caring for your parent will guide the next steps. If it was unexpected, call 9-1-1 or the BC Coroners Service. A doctor, nurse practitioner or coroner completes the Medical Certification of Death within 48 hours.

Most families then work with a funeral home. The funeral director registers the death with Vital Statistics once they have the medical certification and information about your parent, and then issues a death certificate and a disposition permit. If you do not use a funeral home, the death can be registered through Service BC or the Vital Statistics Agency. Ask for several copies of the death certificate, because banks, insurers and pension plans will each want proof of death.

Who decides about the funeral

Under the Province's guidance, only the executor named in the will, or a person authorized under section 5(1) of the Cremation, Interment and Funeral Services Act, can allow a funeral director to move the body. That is one reason to look for the will early. The will may also set out your parent's wishes for a service or memorial. If family members disagree about arrangements, get advice before the disagreement hardens.

Find the will and confirm who the executor is

Look through your parent's papers, any safe at home, and the files of their lawyer or notary. Then apply to Vital Statistics for a search of wills notices, which shows whether your parent registered where a will is kept. Once the will-maker has died, anyone can apply, using the Application for Search of Wills Notice and a copy of the death certificate. A wills search is a required part of the probate process, so it is worth doing now.

The will names the executor, the person responsible for listing the assets and debts, paying valid debts, filing tax returns and carrying out the will's instructions. If there is no will, someone may need to apply to the BC Supreme Court for a grant of administration, and BC's rules on who inherits without a will decide where the estate goes.

Secure the home and valuables

If your parent lived alone, protect the property now. This is preserving the estate, not distributing it.

• Lock up. Change the locks if keys are unaccounted for, and keep the heat on in cold weather.
• Gather valuables and papers. Move jewellery, cash, financial documents and vehicle keys somewhere safe, and write down what you moved and where it went.
• Call the home insurer. Tell them about the death and ask whether the policy has conditions for a home that is left empty.
• Keep receipts. Note anything you pay, such as utilities or insurance, so the executor can account for it.

Who to notify in the first weeks

• Service Canada. If your parent received Canada Pension Plan or Old Age Security, those payments need to be cancelled. The estate is entitled to the payment for the month of death, but payments issued after that month must be returned. Ask about survivor benefits, and about the CPP death benefit (a one-time payment to the estate or other eligible people) if your parent contributed to the CPP.
• Canada Revenue Agency. Report the date of death so benefit payments can be cancelled or transferred.
• Banks and investment firms. Each institution has its own policy on what it needs before releasing funds, and some will ask for a grant of probate.
• Insurers and pension plans. Life insurers, pension plans and extended health plans each have a claims process. A surviving spouse or children may be eligible for survivor benefits under a pension plan.
• ICBC, utilities and others. Cancel the driver's licence, deal with vehicle ownership, and close or transfer utility, phone and subscription accounts.

The final tax return

The executor (the CRA calls this person the legal representative) files a final income tax return for your parent. If your parent died between January 1 and October 31, it is due April 30 of the following year. If the death was between November 1 and December 31, it is due six months after the date of death. Different dates apply if your parent or their spouse was self-employed.

Before distributing assets, the executor should ask the CRA for a clearance certificate, which confirms the estate's taxes have been paid. An executor who distributes without one can be personally liable for unpaid tax, up to the value of what was distributed.

What not to do yet

• Don't hand out belongings or money, even items your parent promised to someone, until the executor's authority is clear and the debts and taxes are known. An executor can be held personally liable for debts that remain unpaid after distribution.
• Don't list or sell the house, car or investments. The executor needs authority to deal with them, and for many assets that authority must first be confirmed by a court grant.
• Don't use your parent's bank cards or online banking, even if you know the PIN. Talk to the bank about funeral costs and urgent bills instead.
• Don't expect a quick distribution. Even once there is a grant, WESA generally requires the executor to wait 210 days before distributing the estate. The 210-day rule explains why.

When a court grant may be needed

Whether the estate needs a grant of probate (or, without a will, a grant of administration) depends on what your parent owned and how it was held. Land owned as joint tenants passes to the surviving joint owner, who applies to update the title. Banks and other institutions each set their own requirements, and some will not release assets without a grant. Applications are made to the BC Supreme Court. Do you need probate in BC? walks through which assets need a grant and which do not.

Once things settle, it is also worth looking at your own will. What a valid BC will requires is a good place to start.

Helping with a parent's estate? Find out what is urgent and what can wait

Our probate and estate lawyers can walk the executor through their duties, work out whether a grant is needed, and prepare the court application when it is.

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