In light of the coronavirus pandemic, in-person registry services have been suspended until further notice. To find out more, including your options for submitting your application, see our information on dealing with wills and estates during coronavirus.
If you’re named as the executor in someone’s will, you may need to probate the will. Probate is a legal procedure that confirms the will is legally valid. Learn how to apply for probate.
Probating the Will - What you should know
What applying for probate involves
For most applications: basically, paperwork. Various documents — including the original will — are filed with a probate registry. The probate registry is the official keeper of probate documents and records filed for the Supreme Court of BC.
If everything is in order, the court issues a grant of probate. This document confirms that the executor has the authority to act on the will. The executor can show the grant to anyone who holds assets of the estate (such as banks).
What if there was no will, or if the named executor(s) in the will isn’t able or willing to act? You might have to apply for a grant of administration, instead of probate.
Not all wills need to be probated
If the estate assets are worth less than $25,000, probate is not typically required. It’s up to the institutions that hold the assets whether they’ll transfer them to you without probate. Check with them and see.
Probate isn’t required for assets that pass outside of the will
Probate is only required for estate assets. Not all things owned by the will-maker form part of the estate. Certain types of assets “pass outside the will.” This means you can transfer them to someone without a grant of probate (though you’ll still need a copy of the death certificate). Typical examples include:
- Assets held in joint tenancy. These are assets owned jointly with someone else. Examples include a joint bank account or a house owned in joint tenancy. Joint tenancy is a type of ownership. Usually, when a joint tenant passes away, their share automatically becomes the property of the other joint owner(s).
- Assets with a designated beneficiary. There are certain assets where you can name someone as a “designated beneficiary.” (This person will receive the asset proceeds after you pass away.) Examples include a life insurance policy or a retirement benefit plan.
Many couples hold all their assets through joint ownership or with beneficiary designations to avoid probate.
If the deceased owned land
If the deceased owned land other than in joint tenancy, probate is required. The Land Title Office will ask you to provide a grant of probate to transfer the land. This is so even if the will-maker’s interest in land is less than the $25,000 threshold.
When you sign the documents
You’ll need to sign some of the probate forms in front of a lawyer, notary public, or a commissioner for taking affidavits. All court registries have such a commissioner, and some community groups do as well.
When you sign a document in front of them, it means you’re swearing that the information in the document is true.
Fees to be paid to the court
To file the probate application, you must pay a court filing fee of $200.
You may also have to pay probate fees to the court. These must be paid before the court will give you the grant of probate. Probate fees are based on the gross value of the estate assets. (That is, the value of the estate assets before debts). Probate fees only apply to assets located in BC when the deceased died.
Fees are payable based on a formula. See below under “Apply for probate” below for details on how probate fees are calculated.
How long the process takes
The time frame for the probate registry to review and approve probate applications can vary considerably. Generally the process takes two to three months.
If your probate application is rejected
If your application is rejected, the probate registry will tell you the reason.
You can correct the problem and re-apply.
Probating the Will - Apply for probate
Step 1. Notify others that you intend to apply for probate
“My wife Eileen named me as executor in her will. She left her estate to me and our children. The only other gift was a ring to her sister Zara. I was confused about whether I had to send her brother Francis notice of the probate application. My lawyer explained that if Eileen had died without a will, only the kids and I would have been entitled to the estate under the law. So I didn’t have to send Francis notice.
– John, Port Moody
You must notify certain people that you intend to apply for probate. To do so, complete the court form P1, notice of proposed application. You must deliver this notice at least 21 days before submitting the probate application to court. This gives people the chance to dispute your application. Together with a copy of the will, mail or deliver the completed form to:
- each person named in the will as executor or alternate executor,
- each beneficiary named in the will,
- the deceased’s spouse and children (because they’re entitled to challenge the will),
- each person who would be entitled to a share in the estate if there had been no will,
- anyone who’s served a citation to you in form P32,
- if the deceased was a Nisga'a citizen, the Nisga'a Lisims government,
- if the deceased was a member of a treaty first nation, the treaty first nation, and
- the Public Guardian and Trustee, if any of the people you need to notify is a minor or mentally incapable adult.
Step 2. Prepare the probate application
You must file documents with a probate registry. Find a Supreme Court registry close to you.
If there’s nothing to list under one of the headings on a form, write “nil” or “none.” Blank spaces may suggest that information is missing. This is one of the main reasons forms are rejected.
A typical probate application will include these documents:
- A submission for estate grant in form P2. This form gives details about your application for probate.
- An affidavit of the applicant in form P3 or P4. This form identifies you and your relationship to the deceased.
- Affidavits of delivery, in form P9. Together, these confirm that notice of the application was delivered to everyone required.
- An affidavit of assets and liabilities in form P10 or P11. This form sets out all the deceased’s assets and liabilities that pass to you under the will.
- The originally signed version of the will, or if the original does not exist, a copy of the will. You’ll also need to file evidence that supports that it’s a copy of the valid will. The court may or may not accept the copy.
- Two copies of a certificate of wills search, and any accompanying wills searches. You can get these by doing a search of the Wills Registry.
Additional documents may be required. Examples include forms to deal with issues relating to the will, dispensing with notice, an executor renouncing their executorship, and other applications.
Step 3. File the probate application
File the probate application in a probate registry of the Supreme Court of BC. You’ll also have to pay a court filing fee. The fee is currently $200. If the estate has a value of less than $25,000, you don’t have to pay this fee.
To find the closest probate registry, contact Enquiry BC:
Lower Mainland: 604-660-2421
Toll-free: 1-800-663-7867
Step 4. Pay any probate fees
Once the application is reviewed, the probate registry will assess the probate fees you need to pay. These must be paid before the court will issue you a grant of probate.
The probate fees are based on the gross value of estate assets that were located in British Columbia when the deceased died. If the deceased was ordinarily resident in British Columbia immediately before they died, you’ll also need to pay probate fees on intangible (non-physical) assets located outside of the province, such as bank accounts or investments.
If the estate assets have a value over $25,000, fees are payable on the following basis.
|
Estate value |
Probate fees |
|
$0 to $25,000 |
0 |
|
$25,000 to $50,000 |
$6 for every $1,000 (or part of $1,000) |
|
$50,000 or more |
$14 for every $1,000 (or part of $1,000) |
For example, if the gross value of the estate assets is $125,000, the probate fees will be $1,200:
$6 x 25 (for every $1,000 between $25,000 to $50,000) = $150
$14 x 75 (for every $1,000 between $50,000 to $125,000) = $1,050
= $1,200
These probate fees are in addition to the court filing fee of $200.
Step 5. Proceed with administering the estate
Once probate is granted, you can proceed with the remaining steps in administering the estate.
Probating the Will - Get help
For assistance in applying for probate, some of the options for free or low-cost legal help may be helpful.
The Public Guardian and Trustee of BC is a government office that manages estates, for a fee, when the executor is not able or willing to do so, or when someone dies without a will.
Self Counsel Press publishes do-it-yourself guides on legal and financial topics for BC. The “British Columbia Probate Kit” can also be a valuable resource if you intend to apply for probate without the help of a lawyer.
The Society of Notaries Public of BC offers a list of notaries in the province. A notary public can help certifying legal documents. They are not able to assist with the probate process.
