I live outside BC. Can I sign the probate forms where I live?

As an executor applying for probate, there are probate forms you will need to sign. Some of them need to be signed in front of someone who can legally witness affidavits. Under this law, you can have your BC documents witnessed outside the province. The easiest option is usually to find a notary public where you live.

The BC probate registry will accept documents witnessed by notaries from other places, including from countries other than Canada. Make sure the notary is properly licensed in your province or state. They should use their official seal when witnessing the forms. 

Deciding whether to act as executor

Managing an estate from a distance can add costs — travel, couriers, long-distance legal consultations — that can add up quickly. As well, many tasks are easier to handle when you're local. For example:

• Meeting with lawyers, banks, or real estate agents in person

• Visiting and maintaining property

• Sorting through and securing personal belongings

• Dealing with unexpected issues that come up

There can also be tax complications if you live out of the country. The Canada Revenue Agency considers an estate to be located where the executor lives. If the estate assets generate income, where the executor lives can affect which country's tax rules apply and how much tax the estate might owe.

If there are factors that make dealing with the estate complicated, you may want to consider renouncing. This could make sense if there’s someone who lives in BC who’s willing and able to do the job. (More details on how to renounce here.)

If you've already started dealing with estate assets, it becomes harder to step aside. You would need a court order. If you're managing this from a distance, leaning on a local contact — a family friend, a neighbour, or a local lawyer — to help with on-the-ground tasks can make a real difference. A lawyer can help you understand the tax issues and whether stepping down would make sense in your situation.