Can I Apply for Probate Myself in BC Without a Lawyer?
This answer covers the law of British Columbia.
Yes, you can apply for probate yourself in British Columbia, because you do not need a lawyer to apply for a grant of probate or administration. The application goes to the Supreme Court of British Columbia, and you can apply at any B.C. Supreme Court registry.
The process has several steps. First, you must deliver a Notice of Proposed Application in Relation to Estate in Form P1 to the people entitled to it, and you cannot apply until at least 21 days after delivery. Before you apply, you must make a diligent search and inquiry to find the deceased's property and liabilities. Your filing package includes a Form P2 submission, your affidavit, Form P9 affidavits of delivery, two copies of a wills notice search certificate, and an affidavit of assets and liabilities. The affidavit of assets and liabilities may be filed with the other documents or later.
Some situations add steps: there is no will or no executor can act, a minor or mentally incompetent person must receive notice, someone files a notice of dispute, or the deceased was not domiciled or ordinarily resident in BC, in which case Form P11 may be used instead of Form P10. In those cases, a lawyer can confirm your next steps.
Key takeaways
- You do not need a lawyer to apply for a grant of probate or administration in British Columbia.
- You must deliver a Form P1 notice first and wait at least 21 days after delivery before you apply.
- Your filing package includes a Form P2 submission, Form P9 affidavits of delivery, two copies of a wills notice search certificate, and an affidavit of assets and liabilities.
- If someone files a notice of dispute, or there is no will, it is worth having a lawyer confirm your next steps.