How Long Does Probate Take in BC? Stage-by-Stage Timelines

Executors often ask how long probate will take. In British Columbia there is no single answer, because the time depends on how quickly you gather information, how notice goes, whether anyone objects and how busy the court registry is.

What can be said is which waiting periods the law sets and which steps tend to cause delay. This article walks through the stages in order.

This article covers the law of British Columbia.

Why there is no standard timeline

Processing times for estate grants vary by registry and by workload, and they change over time. Treat any figure you hear informally with caution and ask the registry you file in what to expect.

You can apply at any B.C. Supreme Court registry. The P1 notice must name the registry where the submission for estate grant will be filed.

The stages in order

The affidavit of assets and liabilities may be filed with the other documents or later. A wills notice search must be submitted with every application, even if you believe you hold the original last will.

What commonly causes delay

• Delivery of notice. Mail is deemed delivered on the date it is mailed, but email or fax only counts as delivered if the recipient gives a written acknowledgement of receipt.
• Special recipients. Notice for a minor or a mentally incompetent person generally must also go to the Public Guardian and Trustee. For a minor, the Public Guardian and Trustee does not need notice if the applicant is an executor, the minor is not the deceased's spouse or child, and the will creates a trust for the minor and appoints a trustee.
• A dispute. A person entitled to notice can oppose the grant by filing a notice of dispute in Form P29.
• The original will. The originally signed will must be filed for a physical will made with witnesses present, though a copy may be filed if the original is unavailable.
• Missing assets. If you later find undisclosed property or liabilities, you must promptly file a further affidavit in Form P14.

A notice of dispute generally stops being in effect one year after it is filed. If the executor is not acting, an interested person can serve a citation in Form P32 requiring the executor to apply, and the cited person must respond within 14 days after being served.

Time after the grant is issued

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.

Separately, a spouse or child making a wills variation claim must start it within 180 days from the date the representation grant is issued in British Columbia, and serve it on the executor within a further 30 days. Creditors may also be given at least 30 days to present claims after a notice in the Gazette, and claims not presented are barred against the personal representative.

Taxes can add time. 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.

What to do next

• Start collecting asset and debt information early, since the affidavit depends on it.
• Identify everyone who must receive the P1 notice and obtain written acknowledgements for electronic delivery.
• Ask the registry you plan to use about current processing times.
• Order the wills notice search so you have two copies ready.
• Calendar the 21-day, 180-day and 210-day dates.
• Speak with a lawyer or accountant early if there is a dispute, a minor beneficiary or a tax question.

Frequently asked questions