How Long Does Probate Take in British Columbia?

If you are an executor, you probably want a straight answer on how long this will take. The honest answer is that it depends on the estate, the people involved, and how busy the court registry is. What can be described are the steps and the fixed waiting periods built into British Columbia law.

This article walks through those stages from preparing to file through to distribution, and explains the usual causes of delay. It is general information, and a lawyer can help with a timeline for your specific estate.

This article covers the law of British Columbia.

The stages of a typical timeline

Probate applications go to the Supreme Court of British Columbia, and you can apply at any B.C. Supreme Court registry. The process runs roughly in three stages: preparing and giving notice, filing and waiting for the grant, and then administering and distributing.

No official source gives current registry processing times for estate grants, and they vary by registry and backlog. Be wary of anyone who gives a firm number without knowing your registry and your file.

Stage one: preparing and giving notice

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

Notice sent by mail is deemed delivered on the date it is mailed. Notice by email, fax or other electronic means is deemed delivered on the date it is transmitted, but it only counts if the recipient gives a written acknowledgement of receipt. Chasing acknowledgements can add time.

You must also make a diligent search and inquiry to find the deceased's property and liabilities, and gather the filing package, which includes affidavits and a wills notice search certificate from Vital Statistics. The affidavit of assets and liabilities may be filed with the other documents or later.

Stage two: filing and waiting for the grant

The probate fee must be paid before the grant is issued. After that, the court reviews the application. Delays here often come from incomplete forms, a missing original will, or questions the court raises.

Disputes can slow things down. 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, which generally stops being in effect one year after it is filed. If a named executor is not acting, an interested person can serve a citation in Form P32, and the cited person must respond within 14 days after being served.

Stage three: after the grant

A grant does not mean you can distribute right away. 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.

On the tax side, a legal representative who distributes assets without first getting a Canada Revenue Agency clearance certificate (requested on Form TX19) is personally liable for unpaid amounts, up to the value of the assets distributed. Waiting for the certificate can lengthen the timeline but protects you.

What to do next

• List the people who must receive the P1 notice and send it early.
• Start the search for assets and debts right away.
• Order the wills notice search from Vital Statistics.
• Confirm with each bank what it requires, as policies differ.
• Plan for the 210-day period and the clearance certificate before promising beneficiaries a date.
• Speak with a lawyer if there is a dispute, a missing will, or a complex estate.

Frequently asked questions