In applying for probate, what debts do I list in the affidavit of assets and liabilities (form P10)?

My aunt had a lot of debts and I’m not sure if I should list all of them.

Rosslyn

Rosslyn

Nanaimo, BC

In an application for a grant of probate or administration, form P10 tells the probate registry about the assets and liabilities of the deceased. When you’re listing debts in the liabilities section of the form, you only need to list secured debts owing at the date of death. These are debts that charge or encumber the deceased’s assets. Common examples are a mortgage on a home or a car loan. These debts reduce the probate fee payable.

Other than secured debts, you don’t have to list any other liability on the form P10 — even expenses or liabilities that arise after death, such as funeral expenses. You may choose to list unsecured debts, with an eye towards future claims or litigation. But if you do so, they won’t reduce the probate fee. 

For help with completing the form P10, our page on filling out probate forms features a video that walks you through the form. 

Stephen Hsia

Stephen Hsia

Fasken
  • Reviewed in July 2021
  • This information applies to British Columbia, Canada

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