How to Apply for a Grant of Administration Without a Will in BC

When someone dies in British Columbia without a will, a family member usually has to ask the court for a grant of administration before they can deal with the estate's assets. The process is mostly paperwork, but the order of the steps matters, and a missed notice can delay everything.

This guide walks through the application in the order you would do it: notice, the waiting period, the documents to file and a few special situations. It does not cover probate fees, the full ranking of who may apply, or who inherits. Forms and rules can be amended, so always check the current forms on the gov.bc.ca site before you file.

This article covers the law of British Columbia.

Step one: deliver the Form P1 notice

Before you apply, you deliver a notice of proposed application in Form P1. You may not apply until at least 21 days after delivering it.

On an intestacy, the notice goes to each intestate successor, or to each person who would be one if the estate exceeded the spouse's preferential share. If there is no such person, it goes to the Attorney General. It also goes to each creditor with a claim over $10,000, to the Nisga'a Lisims government or a treaty first nation if applicable, and to anyone the court orders or who has served a citation.

The P1 must state that recipients may seek an order requiring security from the administrator. That statement is not required where the applicant is the Public Guardian and Trustee. If you are an individual applicant, the notice must also state the city and country where you ordinarily live.

Who gets notice, and how delivery counts

• Minors are given notice through a parent, a financial guardian or known addresses, and also the Public Guardian and Trustee.
• Mentally incompetent persons are notified through their committee or the Public Guardian and Trustee.
• Ordinary mail is deemed delivered on the mailing date.
• Email or fax delivery counts only after the recipient acknowledges it in writing, and you must then swear a Form P9 affidavit.

Keep a record of who you notified, how and when. You will need it to prepare the affidavits of delivery.

What to file after the waiting period

An application for a grant of administration can be made at any B.C. Supreme Court registry. It requires Form P2 (Submission for estate grant) and a wills notice search. For administration without a will, the rules require these filings:

• Form P2, the submission for estate grant.
• Your affidavit as applicant in Form P5.
• Form P8 for each additional applicant.
• Two copies of the wills-notice search certificate.
• Form P9 affidavits of delivery.
• An affidavit of assets and liabilities: Form P10 for a domiciled estate or Form P11 for a non-domiciled estate.

Other documents apply only in some cases: a translator affidavit (P12) for documents not in English, and a renunciation (P17) or a deemed-renunciation affidavit (P34).

Searching for a will, assets and later changes

You must swear that a diligent search for a will was made, including electronic devices and third-party repositories. For administration without a will, you state that no testamentary document was found, or that any document found is believed invalid or irrelevant, with reasons.

The affidavit of assets and liabilities (P10 or P11) may be filed later. If assets or liabilities change, a supplemental affidavit in Form P14 or P15 must be filed promptly. Form P11 is used where the deceased was not domiciled or ordinarily resident in B.C..

Security and the effect of the grant

No security for administering an estate has to be provided by an applicant by default. The exceptions are where a minor or incapable person with no nominee is interested in the estate, or where the court requires security on an interested person's application. The Act uses the word security, not bond.

Once you are granted administration, you are conclusively deemed to be the personal representative from the date of death.

What to do next

• Search thoroughly for a will, including phones, computers and online accounts, and order a wills notice search.
• List everyone who must receive the P1, including creditors with claims over $10,000.
• Deliver the P1 and note the date; count at least 21 days before applying.
• Prepare the P2, P5 and other forms, and the P9 affidavits of delivery.
• Check the current forms and rules on the gov.bc.ca probate forms page, since they may be amended.
• Speak to a lawyer if there are minors, disputes, unknown relatives or complicated assets.

Frequently asked questions