What Is the Process to Apply for a Grant of Administration Without a Will in British Columbia?
This answer covers the law of British Columbia.
To apply for a grant of administration without a will in British Columbia, you deliver a notice of proposed application, wait, then file a set of forms and affidavits at a B.C. Supreme Court registry. The first step is Form P1, and you cannot apply until at least 21 days after delivering it.
The P1 notice goes to each intestate successor, or to each person who would be one if the estate exceeded the spouse's preferential share, and to the Attorney General if there is none. It also goes to each creditor with a claim over $10,000 and to anyone the court orders or who has served a citation. Ordinary mail is treated as delivered on the mailing date, while email or fax counts only after the recipient acknowledges it in writing, and you then swear a Form P9 affidavit.
The application itself needs Form P2, your affidavit in Form P5, the wills-notice search certificate, and an affidavit of assets and liabilities, among other filings. You must also swear that a diligent search for a will was made. The assets affidavit may be filed later. Forms can change, so check the current ones and consider asking a lawyer.
Key takeaways
- The first step is delivering a Form P1 notice of proposed application, and you cannot apply until at least 21 days after delivering it.
- The P1 notice goes to each intestate successor, or to each person who would be one if the estate exceeded the spouse's preferential share, and to the Attorney General if there is none, as well as to each creditor with a claim over $10,000.
- The court filing includes Form P2, your Form P5 affidavit, the wills-notice search certificate and an affidavit of assets and liabilities, among other documents.
- You must swear that a diligent search for a will was made, and the assets affidavit may be filed later than the rest of the application.