Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 108, 142, 154, 155, 158 and 159), the Trustee Act, the Supreme Court Civil Rules, Part 25, and the court decisions cited below checked that day.
The rule: an executor has an “executor’s year” from the death to gather the assets, and cannot usually distribute in the first 210 days after the grant (WESA s. 155). But an executor must be ready to account at all times, and delay without reason can be challenged.
Your options: ask for information and accounts, serve a citation on an executor who hasn’t applied for probate, apply for the accounts to be passed, or ask the court to remove the executor (WESA s. 158).
What to do: ask in writing first, keep a record, and get advice before you go to court.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
If an executor is taking too long in BC, start by working out whether the delay is normal. The law builds in several waits: 21 days after notices go out before anyone can apply, the time the registry takes, and 210 days after the grant before the estate can usually be paid out. An executor also has an “executor’s year” from the death before a beneficiary can insist on being paid. But if months pass with no application, no answers and no accounts, beneficiaries have real options. You can demand an accounting, serve a citation that forces a named executor to apply for probate or step aside, and, if the executor’s conduct is putting the estate at risk, ask the court to remove them and appoint someone else.
Lawgical Law Corporation, an estate litigation and probate law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for beneficiaries in disputes with executors, including citations, applications to pass accounts and applications to remove an executor.
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How long should an estate take in BC?
At common law, an executor is allowed one year from the will-maker’s death to gather the assets and settle the affairs of the estate, and cannot be made to pay a legacy before that year ends. This is the “executor’s year”. In practice, many estates take longer, depending on how quickly probate is granted, the bar on early distribution, tax filings and the kind of assets involved. These waits are set by law:
| Stage | Wait | Rule |
|---|---|---|
| Notices to beneficiaries and others (Form P1) | At least 21 days before the application is filed | Rule 25-2 |
| Notice to creditors in the BC Gazette (optional) | At least 30 days | WESA s. 154 |
| Wills variation claims by a spouse or child | 180 days from the grant, plus 30 days to serve | WESA s. 61 |
| Distribution | Not within 210 days of the grant, unless everyone required consents or the court orders it | WESA s. 155 |
| First accounts | Passed, or approved in writing by the beneficiaries, within 2 years of the grant | Trustee Act s. 99 |
When is the delay a problem?
| Usually a fair reason | Usually a warning sign |
|---|---|
| Waiting for the grant, the 210 days or the tax clearance | No probate application months after the death, with no explanation |
| Selling real estate in a slow market | The executor or a relative living in the estate house with no plan to sell or pay rent |
| A claim against the estate is being dealt with | No replies to written requests for information |
| Assets in another province or country | No accounts, or accounts that don’t add up |
| A beneficiary who can’t be found | Estate money mixed with the executor’s own |
What can beneficiaries do? Your options, step by step
1. Ask in writing, and ask for accounts
A personal representative must administer and distribute the estate and “account to beneficiaries, creditors and others” (WESA s. 142(2)). At common law, an executor has a duty to be ready at all times to account to the people with a beneficial interest in the estate (Deutschmann Estate v. Fallis, 2011 BCSC 1009 at para. 53, affirmed 2011 BCCA 404). Ask what has been done, what is left, when the executor expects to apply, sell or distribute, and for a copy of the accounts.
2. If the executor hasn’t applied for probate: serve a citation
If a named executor doesn’t apply, any person interested in the estate can require them to accept or renounce probate, or explain why administration shouldn’t go to someone else (WESA s. 108). This is done by serving a citation (Form P32) under Rule 25-11.
| What the executor must do within 14 days | What happens if they don’t |
|---|---|
| Serve a copy of the grant, the filed application or the P1 notice documents, or serve an answer (Form P33). The answer either commits to obtaining the grant within 6 months of service, or refuses | The executor is deemed to have renounced. The citor, or another person interested in the estate, can then apply for a grant (Rule 25-11(5) and (6)), supported by an affidavit of deemed renunciation (Form P34) |
3. If you can’t get accounts: ask the court
The duty to account is backed by the requirement to pass accounts under section 99 of the Trustee Act, with the procedure in Rules 25-13 and 25-14. The first accounts must be passed by the court, or approved in writing by the beneficiaries, within two years of the grant. A beneficiary can apply to have them passed. Asking for an accounting is often the quickest way to hold an executor to account.
4. If the executor’s conduct is putting the estate at risk: apply to remove them
The court can remove or pass over an executor who, among other things, refuses to act without renouncing, is not responsive, or is “unwilling or unable to or unreasonably refuses to carry out the duties”, to an extent that “hampers the efficient administration of the estate” (WESA s. 158(3)). When it removes one, it must appoint a substitute unless the administration is complete (s. 159).
The bar is high. The court’s main concern is the welfare of the beneficiaries, and it asks whether the executor’s conduct has “endangered the trust property, or show a want of honesty or of proper capacity to execute the duties, or want of reasonable fidelity” (Conroy v. Stokes, 1952 CanLII 227 (BC CA) at para. 10). Courts are slow to override the will-maker’s choice of executor and look for clear evidence that removal is needed (Gawdun v. Lord, 2020 BCSC 266 at paras. 12 and 13). See can you remove an executor in BC?
What to keep
Checklist: the record that helps
- The date of death and, if you have it, the date of the grant.
- Every letter or email you sent and every reply, with dates.
- Your copy of the will (it should have come with the P1 notice).
- Anything you know about the assets: the house, accounts, vehicles.
- Notes of phone calls: date, who, and what was said.
Who pays the legal costs?
In a contested removal application, the successful party is usually entitled to costs, and special costs are awarded more often than in other cases. An executor who is removed for misconduct may have to pay costs personally. If the application fails, the executor is normally entitled to be paid their legal costs from the estate. Get advice on the risk before you start.
Why this needs a lawyer
One lawyer, one file, every step:
- reading the will and the timeline to see whether the delay is lawful;
- a letter to the executor or their lawyer that asks for specific information by a date;
- a citation, an application to pass accounts, or a removal application, with the evidence the court needs;
- negotiating a plan to finish the estate where that is faster than court.
Mistakes I have seen
- I have seen beneficiaries wait two years without a single written request, which made it harder to show the delay was unreasonable.
- I have seen beneficiaries go straight to a removal application when a citation or a demand for accounts would have got things moving.
- I have seen executors treat the estate house as their own while other beneficiaries waited.
- I have seen beneficiaries sign a release without seeing the accounts.
Frequently asked questions
How long does an executor have to settle an estate in BC?
There is no fixed finishing date in WESA. An executor has the “executor’s year” from the death before a beneficiary can insist on a legacy, can’t usually distribute in the first 210 days after the grant, and must pass or get approval of the first accounts within two years of the grant. Beyond that, the question is whether the time taken is reasonable for that estate.
Can I see the will?
If you are a beneficiary, you should have received a copy of the will with the P1 notice before the probate application was filed (Rule 25-2).
Can the executor refuse to tell me anything?
No. An executor must account to the beneficiaries. If they won’t, you can ask the court to order the accounts to be passed.
What if the executor named in the will just won’t apply?
Serve a citation. If they don’t respond within 14 days, refuse, or don’t get the grant within 6 months after promising to, they are deemed to have renounced, and someone else can apply.
Can the executor pay themselves while I wait?
An executor’s pay is set by the will, or allowed by the court within the Trustee Act cap. It is usually dealt with when the accounts are approved or passed.
Related guides
See removing an executor in BC, what happens after probate is granted and what an executor has to do.
What should I do right now?
Write to the executor and ask three things: has probate been applied for, what is left to do, and when can you see the accounts. Give a reasonable date to reply. If you get no answer, or the answer doesn’t make sense, get advice on a citation, an accounting or removal.
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Related guides: executor accounts · an inherited house a sibling won’t sell · co-executors who disagree · executor personal liability
Sources
- Wills, Estates and Succession Act, ss. 61, 108, 142, 154, 155, 158 and 159
- Trustee Act, s. 99
- Supreme Court Civil Rules, Part 25, Rules 25-2, 25-11, 25-13 and 25-14
- Deutschmann Estate v. Fallis, 2011 BCSC 1009, affirmed 2011 BCCA 404
- Conroy v. Stokes, 1952 CanLII 227 (BC CA)
- Gawdun v. Lord, 2020 BCSC 266
This article is general information, not legal advice. Every case depends on its own facts.