Monday, June 16, 2008

Citation to Accept Executorship

What can you do if you are the beneficiary of a will, and the executor will not apply to probate the will?

In British Columbia, anyone interested in an estate may cite the executor to refuse or accept probate. If the executor does not file with the court a written notice of his or her intention to probate the will within 14 days of service of the citation on the executor, an alternate executor or other person willing to act may apply for probate of the will or letters of administration with will annexed.

This is set out in B.C. Supreme Court Rules 61 (43) and (44), Court Forms 79 and 80.

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