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Do I need to probate a will in BC if the deceased was a Canadian living in the US as a permanent resident?
My mom lived in both the US and Canada. Her will was created in Denver, Colorado, and states it is applicable to Colorado law. I am the executor named in the will. It's a simple estate so I won't need to formally file for probate in the US. Am I required to apply for probate in British Columbia, where her residence is located?

Do I need to probate a will in BC if the deceased was a Canadian living in the US as a permanent resident? - Nicco Bautista

You will not have to probate the Colorado will in BC if there are no assets that are situated in BC (for example, real property, bank accounts, stock portfolios) that form part your mother’s estate.

If your mother did own real property in BC in her sole name at the time of her death, then it would form part of her estate (and it sounds from your question that she may have owned a home in BC), and probate would be required in BC to deal with that property.

Nicco Bautista
BMO Wealth Management
Reviewed February 2018