The Complete Guide to BC Estate Administration & Probate
Losing a loved one is undeniably one of the most challenging seasons a family will ever face. It’s a time meant for grieving, processing your loss, and being present with your family. Unfortunately, this is exactly the same time when the heavy, complex legal responsibilities of managing a deceased person’s estate fall squarely onto the shoulders of their chosen executor.
If a will names you as an executor, you likely feel overwhelmed by the legal paperwork, the strict deadlines, and the confusing demands of the British Columbia court system. You might be wondering where to start, what your legal liabilities are, and how you are going to find the time to manage it all.
At Hergott Law, we deeply understand the weight you are carrying right now. Led by Paul Hergott and supported by Terri Hergott, our boutique law firm focuses exclusively on end-of-life matters and estate management. We are here to step in, take the legal burden off your plate, and guide you through the BC estate administration process with compassion, transparency, and deep legal expertise.
What Exactly is Estate Administration?
In simple terms, estate administration is the legal process of wrapping up a person’s life. The process involves identifying everything the deceased person owned (their assets), paying off any debts or taxes they owed, and legally distributing whatever remains to their beneficiaries.
How this process unfolds largely depends on whether your loved one left behind a legally valid will.
- When there is a will (Probate): If the deceased left a valid will naming you as the executor, we assist you in applying to the Supreme Court of British Columbia for a Grant of Probate. This grant is the court’s official stamp of approval. It confirms that the will is legally valid and gives you the legal authority to access bank accounts, sell real estate, and distribute assets.
- When there is no will (Intestacy): If your loved one passed away without a will, the process is slightly different. The estate still needs to be administered, but instead of probate, an eligible family member must apply to the court for a Grant of Administration (also known as letters of administration). This appoints you as the administrator, allowing you to manage and distribute the estate according to BC’s default inheritance laws.
Regardless of which path you are on, trying to figure out the court system on your own can lead to costly delays and immense frustration. We handle the heavy lifting so you don’t have to.
Core Estate Administration Services We Provide
We don’t believe in handing you a stack of forms and sending you on your way. Every family dynamic is different, and every estate has its own unique quirks. We tailor our services to give you the exact support you need.
1. Navigating Probate and Estate Grants
Our primary role is to act as your trusted guide through the court system. We gather the necessary financial details, prepare the complex legal applications, and submit everything to the court to secure your estate grant efficiently. We ensure that all legal notices are properly sent to beneficiaries and family members, keeping you fully compliant with BC law.
2. Comprehensive Executor Support
Being an executor isn’t just an honor; it is a strict legal job with serious personal liability. If you make a mistake, distribute funds too early, or fail to pay a creditor, you could be held personally responsible. We provide you with the practical tools, step-by-step advice, and ongoing support you need to fulfill your duties safely.
3. Will “Curing” for Invalid Documents
Life is unpredictable, and sometimes a loved one writes down their final wishes without following the strict legal rules for witnessing and signing a will. In the past, these documents were completely ignored by the courts. Today, British Columbia law is more forgiving. If we can prove that an imperfect document accurately represents the deceased’s true final wishes, we have the specific experience to apply to the court to have that document validated, or “cured”.
4. Anticipating and Preventing Estate Disputes
Money and grief are a volatile combination, and estate administration can sometimes bring out the worst in family members. Prior to focusing exclusively on estate administration, Paul Hergott spent years fighting in the trenches of civil litigation. While we no longer take on litigated court battles, we use our extensive litigation background to spot the warning signs of a family dispute early. We take strategic, preventative steps to keep your family out of court. If a dispute escalates and a trial becomes unavoidable, we leverage our network to refer you to top-tier estate litigation lawyers who can fight on your behalf.
Understanding Executor Compensation in BC
Acting as an executor can easily take hundreds of hours of your personal time. It is a demanding job that often involves clearing out houses, managing investments, and dealing with difficult family members. Because of this, British Columbia law dictates that executors are entitled to fair compensation for their work.
Unless the will explicitly dictates a specific payment amount, your compensation is generally calculated based on the size and complexity of the estate. If you wish to claim a fee, our team will help you document your efforts and pursue a court order to ensure the estate pays you appropriately.
Here is a quick breakdown of the maximum executor fees allowable under BC law:
| Type of Executor Fee | Maximum Allowable Claim | Description |
| Capital Fee | Up to 5% | Calculated on the total gross value of the estate’s capital assets. |
| Income Fee | Up to 5% | Calculated on any income earned by the estate during administration (e.g., rent, interest). |
| Care & Management | 0.4% Annually | Based on the average value of the estate assets for ongoing, long-term management. |
Note: The exact percentage you receive is not guaranteed to be the maximum. It is ultimately determined by the size of the estate, the complexity of the assets, the amount of time you spent, and the skill you demonstrated.
Why Choose Hergott Law for End-of-Life Matters?
When you are dealing with the loss of a loved one, you don’t need a massive, impersonal corporate law firm. You need a dedicated partner. Hergott Law has been serving the Okanagan community since 1995, building a reputation rooted in a strong work ethic and exceptional client care.
When you work with us, you are working directly with Paul and Terri Hergott. We don’t juggle real estate closings or corporate mergers; we practice exclusively in estate planning and administration. This narrow focus allows us to provide a level of nuanced, specialized care that general practice firms simply cannot match. We also pride ourselves on transparent communication, ensuring you are never left in the dark about the status of your application.
Frequently Asked Questions (Q&A)
No, you absolutely do not. The original will belongs to the estate, and as the executor, you have the complete right to retrieve the document from the drafting lawyer’s vault. You are free to hire a probate lawyer who offers the best communication, efficiency, and comfort level for your specific needs.
If someone dies without a will (known as intestacy), their estate doesn’t automatically go to the government. Instead, BC law provides a priority list of family members who can step up to administer the estate, usually starting with the surviving spouse. We can help you apply for the necessary letters of administration to get the process moving legally.
Yes, in specific circumstances. British Columbia’s laws allow judges to “cure” a document and declare it a valid will, even if it wasn’t signed or witnessed properly. We just need to present clear evidence that the document represents the deceased’s genuine, final testamentary intentions. We have experience handling these exact types of applications
While our firm has a deep background in civil litigation, we now focus our practice entirely on administration and preventing family disputes before they happen. If a disagreement cannot be resolved and turns into a full-blown court battle, we will confidently refer you to trusted, specialized estate litigation lawyers to represent you in court.
You don’t have to carry the burden of estate administration on your own
Let our experienced team guide you through the process with clarity, efficiency, and deep compassion. Contact Hergott Law today to set up a consultation at our Kelowna or West Kelowna offices.
