Can You Apply for Probate Yourself in British Columbia?

If you are the executor and money is tight, it is reasonable to ask whether you can handle probate on your own. In British Columbia, the answer is yes, and many people do. The difficulty is not permission; it is paperwork, deadlines and the personal responsibility that comes with the role.

This article outlines the steps, the government charges, and the points where people commonly decide to get advice.

This article covers the law of British Columbia.

Yes, a lawyer is not required

You do not need a lawyer to apply for a grant of probate or administration in BC. The application goes to the Supreme Court of British Columbia, and you can apply at any B.C. Supreme Court registry.

If there is no will, no executor is named, or the named executors cannot or will not act, you would apply for a grant of administration instead. The process is similar, but who may apply is ranked by law.

The steps in order

Step 1 is notice. Before applying, you must deliver a Notice of Proposed Application in Relation to Estate in Form P1. You cannot make the application until at least 21 days after the notice and materials are delivered.

Mailed notice is deemed delivered on the date of mailing. Notice by email, fax or other electronic means only counts as delivered if the recipient gives written acknowledgement of receipt.

Your filing package then includes the following:

• A submission for estate grant in Form P2.
• Your affidavit in Form P3, P4, P5, P6 or P7, depending on the type of grant.
• Form P9 affidavits of delivery of the notice.
• Two copies of a wills notice search certificate from Vital Statistics.
• An affidavit of assets and liabilities in Form P10, or P11 where it applies.

A wills notice search must be submitted with every application, even if you believe you hold the original last will. For a physical will signed with witnesses, the original must be filed. If it is unavailable, a physical or PDF copy may be filed instead. The affidavit of assets and liabilities can be filed with the other documents or later.

Who must get the notice

With a will, the P1 notice goes to named and alternate executors who are alive and have a prior or equal right to apply, the beneficiaries, certain people who would inherit on an intestacy, and the Attorney General if the government is entitled to the estate under the Escheat Act. With no will, it goes to the intestate successors (or the Attorney General if there are none) and to creditors whose claim exceeds $10 000.

There are special cases. If the deceased was a Nisga'a citizen or a member of a treaty first nation, notice also goes to that government or nation. Notice for a minor, or for a mentally incompetent person, also goes to the Public Guardian and Trustee in most cases. If a person entitled to notice has died, notice goes to their personal representative. These rules are where self-filers most often make mistakes, so read the Rule carefully.

Costs and the asset list

Before applying, you must make a diligent search and inquiry to find the deceased's property and liabilities. Property is generally valued at the date of death, and secured debts are listed under the asset they charge.

The probate fee is based on the gross value of property passing to the personal representative, and it must be paid before the grant is issued. It is in addition to the court filing fees. If you later find an undisclosed asset or a valuation error, you must disclose it to the court and pay the difference, and you must file a further affidavit in Form P14.

Where self-filing gets difficult

• Disputes. A person entitled to notice, or someone claiming under an earlier or later will, can oppose the grant by filing a notice of dispute in Form P29.
• Waiting periods. Distribution is not allowed within 210 days after the grant is issued unless the court orders it or all beneficiaries and possible variation claimants consent. A spouse or child has 180 days from the grant to start a wills variation claim.
• Tax. Distributing without a CRA clearance certificate can make you personally liable for unpaid amounts, up to the value distributed.
• Living outside BC. Your P1 notice must state the city and country where you ordinarily live and give an address for service.

What to do next

• Locate the original will and order the wills notice search.
• Make your list of assets and debts with date-of-death values.
• Identify everyone who must receive the P1 notice.
• Decide whether any special case applies, such as a minor, a dispute, or property outside BC.
• Book a short advice session with a lawyer if any of those apply, even if you plan to file yourself.

Frequently asked questions