Can an Executor Who Lives Outside BC Apply for Probate in British Columbia?

You have been named executor in the will of someone who died with property in British Columbia, but you live in another province or another country. It is natural to wonder whether the BC court will deal with you at all, and how much of the process you can handle from where you are.

This article walks through the main points: who the application goes to, what the notice must say, how the address rules work for someone far away, and what happens if you decide that acting from a distance is not for you. It explains how things generally work and is not a substitute for advice on your own situation.

This article covers the law of British Columbia.

Where the application goes and whether you need a lawyer

Probate and administration 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.

Nothing in the Wills, Estates and Succession Act (WESA) or in the Supreme Court Civil Rules, as they apply to this question, bars an executor who lives outside BC from applying. Residence is a practical issue, mainly about addresses and paperwork, rather than a legal disqualification.

The court must have proof that the will is valid and proof of the deceased's connection to BC, such as being ordinarily resident or domiciled in British Columbia at death. That connection is about the person who died, not about you.

The Form P1 notice and your addresses

Before applying, the applicant must deliver a Notice of Proposed Application in Relation to Estate in Form P1. If you are an individual applicant, the notice must state the city and country where you ordinarily live, and it must give an address for service that complies with Rule 4-1(1).

A self-represented party needs an email address if one is available, plus an accessible address within 30 kilometres of the registry. An accessible address must be a location in British Columbia. If you have no such address, you need a postal address in British Columbia or a fax number.

For someone abroad, this often means arranging a BC location that can receive documents for you, such as a trusted person in the province, or getting a lawyer to act. Check with the registry or a lawyer about what works in your case.

Delivering the notice and waiting 21 days

The application cannot be made until at least 21 days after the P1 notice and materials are delivered. Where there is a will, the notice goes to the named and alternate executors who 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.

Timing of delivery matters when people are far apart. A notice sent by mail is deemed delivered on the date it is mailed. A notice sent by email, fax or other electronic means is deemed delivered on the date it is transmitted, but it only counts as delivered if the recipient gives a written acknowledgement of receipt.

Security, bonds and the filing package

Security is a protection for people interested in an estate, and how it applies to you depends on your situation. An applicant for a grant of administration does not have to provide security unless a minor or a mentally incapable person without a nominee is interested in the estate, or the court requires it on application by a person interested in the estate. That rule is about administration grants, which apply when there is no will or no executor can act.

Even so, the court can order security on application, and practice can vary, so you should not assume a non-resident will never be asked for it. In an administration application, the P1 notice must tell recipients they may apply for an order requiring security, unless the applicant is the Public Guardian and Trustee.

Your filing package includes a submission for estate grant in Form P2, your affidavit, affidavits of delivery of the notice, two copies of a wills notice search certificate from Vital Statistics, and an affidavit of assets and liabilities. The originally signed will must be filed for a physical will made with witnesses present, but if the original is unavailable a physical or PDF copy may be filed instead.

Your authority is the same once the grant issues

A representation grant gives the personal representative exclusive authority to administer the estate under the grant's terms. A personal representative has the same authority over the estate that the deceased would have had if living, subject to any contrary intention in the will and to other enactments.

The waiting period before distributing is also the same for everyone. A personal representative must not distribute the estate within 210 days after the grant is issued, except by court order. The estate may be distributed earlier if all beneficiaries, and all persons who could bring a variation claim, consent.

Acting from a distance, or stepping aside: what to do next

If managing a BC estate from far away does not suit you, you have a choice. A named executor may renounce the appointment, and unless a court orders otherwise, renouncing ends their executorship. An executor who renounces and has not intermeddled in the estate is not liable. Because intermeddling is the key limit, avoid dealing with estate property before you decide.

• Find the will and confirm you are named, and whether alternates exist.
• Decide whether to act or renounce before handling any estate property.
• Arrange an email address and a BC address for service that meet the rules.
• Make a diligent search for the deceased's property and debts.
• Prepare and deliver the Form P1 notice, then keep proof of delivery and any written acknowledgements.
• Speak to a BC lawyer if beneficiaries live abroad, minors are involved, or you expect a dispute.

Frequently asked questions