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. She made her will in Colorado, and it states Colorado law applies. I'm the executor. It's a simple estate so I won't need to file for probate in the US. Am I required to apply for probate in British Columbia, where her residence is located?



Vancouver, BC

You will not have to probate the Colorado will in BC if there are no assets that are situated in British Columbia that form part of your mother’s estate. For example, if she owned no real property, bank accounts, or stock portfolios in BC.

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 probate would be required in BC to deal with that property. It sounds from your question that she may have owned a home in BC. If she did so in her sole name, the home would form part of her estate and probate would be required in BC.

Nicco Bautista

Nicco Bautista

Lumina Law
  • This information applies to British Columbia, Canada
  • Reviewed for legal accuracy in April 2021

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