What Documents Do You Need to Apply for Probate in BC?

If you are the executor named in a will, applying for probate means gathering a fair number of papers. Some are forms you complete, some are documents you have to find, and some must be delivered to other people before you can file anything.

This article walks through the documents in the order you will usually need them in British Columbia. The details change with the type of estate, so treat it as a starting checklist and confirm your situation with a lawyer if anything is unclear.

This article covers the law of British Columbia.

Step one: the notice that comes before the application

Before applying for an estate grant, you must deliver a Notice of Proposed Application in Relation to Estate in Form P1. The notice must name the registry of the court where the submission for estate grant will be filed.

Where there is a will, the notice goes to named executors and alternate executors who are alive and have a prior or equal right to apply, the beneficiaries, certain people who would inherit if there were no will, and the Attorney General if the government is entitled to the estate under the Escheat Act. The application cannot be made until at least 21 days after the notice and materials are delivered.

How you deliver the notice matters. A notice sent by mail is deemed delivered on the date it is mailed, while a notice sent by email, fax or other electronic means only counts as delivered if the recipient gives a written acknowledgement of receipt.

• If there is no will, the notice goes to the intestate successors (or the Attorney General if there are none) and to creditors whose claim exceeds $10 000.
• If the deceased was a Nisga'a citizen or a member of a treaty first nation, notice also goes to the Nisga'a Lisims government or that treaty first nation.
• If a recipient is a minor or is mentally incompetent, the Public Guardian and Trustee generally also receives notice, with some exceptions.
• If a person entitled to notice has died, notice goes to their personal representative, and the court may vary who must receive notice.

Step two: the filing package

Once the waiting period has passed, the filing package has several parts. Use this as your checklist.

• A submission for estate grant in Form P2.
• Your affidavit as applicant, which is 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, where it applies, Form P11.
• The will itself, as described in the next section.

The affidavit of assets and liabilities may be filed at the same time as the other documents or later.

The original will and the wills notice search

For a physical will made with witnesses present, the originally signed will must be filed. If the original is unavailable, a physical copy or PDF copy may be filed instead. If you cannot find the original, ask a lawyer how to explain that to the court.

A search for a wills notice must be submitted with every probate or administration application, even if you believe you hold the original last will. Our separate article on the wills notice search explains the idea in more detail.

Gathering the asset and liability information

Before applying, you must make a diligent search and inquiry to find the deceased's property and liabilities. That work feeds directly into the affidavit of assets and liabilities.

Form P10 attaches Exhibit A, a Statement of Assets, Liabilities and Distribution. It covers real property and tangible personal property in British Columbia and intangible personal property anywhere in the world that passes to you as personal representative, along with each item's value and the liabilities that charge it. Assets are valued at the date of death, and secured debts are listed under the asset they charge.

• If the deceased owned only part of a property, list the names of all registered owners.
• Real and tangible property outside British Columbia goes in Exhibit B to Form P10.
• If the deceased was not domiciled or ordinarily resident in British Columbia, Form P11 may be used instead, and it discloses only property within the province.
• Property that passes to a designated beneficiary under a benefit plan, such as a pension, RRSP or life insurance designation, does not form part of the estate.

If you later find undisclosed property or liabilities, or learn that the information was wrong or incomplete, the Form P10 affidavit commits you to promptly file a further affidavit in Form P14.

What to do next

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

Plan for the costs too. The probate fee must be paid to the government before the grant is issued, and it is in addition to the court filing fees. There is also a court fee of $200 to file for and obtain a grant, and no $200 fee is payable where the estate does not exceed $25 000 in value.

• Locate the original will and any codicils.
• List everyone who must receive the Form P1 notice and keep proof of delivery.
• Make a diligent search for assets and debts and record values at the date of death.
• Request the wills notice search from Vital Statistics.
• Decide which affidavit and asset form fit your estate, and ask a lawyer if you are unsure.

Frequently asked questions