Why do I need to complete this form?
This form notifies certain people that you’re intending to apply for probate.
Do I need to send anything with the form P1?
Yes, you must attach a copy of the will. You also need to attach any other testamentary documents. Examples include documents (other than wills) where the deceased:
- gifts an asset or benefit to someone else, upon their death,
- removes or appoints an executor, or
- changes their will (such as through a codicil).
You don’t need to attach life insurance policies.
Who do I need to give notice to?
The law says you must notify the following people that you’re intending to apply for probate:
- Anyone named in the will as an executor or alternate executor.
- Each beneficiary under the will.
- The spouse and any children of the deceased.
- Anyone who would have been entitled to a share in the estate if a will didn’t exist. The law says who should legally receive someone’s property if they die without a will.
You don’t have to send notice to every possible “next-of-kin.” For example, say someone dies with a spouse and children. You don’t have to send notice to the deceased’s siblings, parents, or cousins.
- Anyone who’s served a citation to you in relation to the deceased (such as a citation requiring you to apply for probate 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.
If you’re making an application for a grant of administration, the notice requirements are different. See our information on applying for a grant of administration.
What if I need to give notice to someone under age 19?
If a person you need to give notice to is a minor, you must give notice:
- if the minor lives with their parents, to those parents
- if a parent or guardian is financially responsible for them, to that parent or guardian (if the minor doesn’t live with their parents)
- if none of the above applies, to the minor at their home address
You must also give notice to the Public Guardian and Trustee, on behalf of the minor. There’s an exception to this requirement. If you’re unsure whether you need to give notice to the Public Guardian and Trustee, you can contact them for guidance.
What if I need to give notice to an adult who is (or may be) “mentally incompetent”?
In this case you must give notice to all of the following:
- Their nominee, if they have one. This is someone who’s responsible for the adult’s legal and financial affairs, such as an attorney under a power of attorney.
- The Public Guardian and Trustee, on the adult’s behalf.
- The adult themselves, unless they have a committee of estate for them. This is a person or body appointed by the court to make legal and financial decisions for someone who is mentally incapable and cannot manage their own affairs.
Do I have to get confirmation from the people I’ve delivered notice to?
You generally don’t need confirmation that notice has been received. (The exception is if you deliver the notice electronically, such as by email or fax. In this case, you must receive written confirmation that notice has been received.)
As well, you must wait 21 days after you delivered the required notice before you can file the probate application with the probate registry. This gives each person receiving notice the chance to file a notice of dispute if they oppose your application.