How Long Does It Take to Settle an Estate With No Will in British Columbia?
This answer covers the law of British Columbia.
There is no single answer, because the time it takes to settle an estate with no will in British Columbia depends on the family, the assets and any disputes. The process starts with a notice of proposed application, and the applicant cannot apply until at least 21 days after delivering it.
Once appointed, an administrator is deemed to have been the personal representative from the date of death. The assets and liabilities affidavit may be filed later than the rest of the application, and it must be updated promptly if assets or liabilities change. Creditors with claims over $10,000 must receive notice of the application.
Timing also depends on the home. Without the surviving spouse's written consent, the personal representative must not dispose of the spousal home during the 180 days after the grant is issued, or any extended period, with one narrow exception. A minor's share is generally paid to the Public Guardian and Trustee in trust for the minor where no trust exists. How long final distribution takes, and when it is safe to distribute, depends on claims against the estate, so confirm the timing with a lawyer before paying out any shares.
Key takeaways
- An applicant cannot apply for the grant until at least 21 days after delivering the Form P1 notice.
- An administrator is conclusively deemed to be the personal representative from the date of death.
- Without the surviving spouse's written consent, the spousal home generally cannot be disposed of during the 180 days after the grant is issued.
- A minor's share, where no trust exists, is paid to the Public Guardian and Trustee in trust for the minor.