How to Apply for Probate in BC: Step-by-Step Guide

If you are named as executor, applying for probate can feel like a long list of unfamiliar forms. The process in British Columbia follows a set order, and understanding it makes each step easier.

This guide walks through the steps in sequence. You do not need a lawyer to apply for a grant, but the details below show where mistakes can happen and when advice may be worthwhile.

This article covers the law of British Columbia.

Step 1: Find out what the estate owns and owes

Before applying, you must make a diligent search and inquiry to find the deceased's property and liabilities. Start gathering statements, title documents and debt records now, because you will need them for the court affidavit later.

Step 2: Deliver the Form P1 notice

Before applying for an estate grant, you must deliver a Notice of Proposed Application in Relation to Estate in Form P1. 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 persons who would inherit on an intestacy.
• The Attorney General, if the government is entitled to the estate under the Escheat Act.

Some situations add recipients. 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. For a minor, notice goes to the parents the minor lives with, or to the parent or guardian responsible for the minor's financial decisions, or otherwise to the minor. In every case it also goes to the Public Guardian and Trustee, except where 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. For a mentally incompetent person, notice goes to the committee or the person, and also to the Public Guardian and Trustee. 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.

The P1 must name the registry where the submission will be filed. If you are an individual applicant, it must state the city and country where you ordinarily live and give an address for service.

Step 3: Wait, then prepare the filing package

The application cannot be made until at least 21 days after the P1 notice and materials are delivered. Mail is deemed delivered on the date it is mailed. Email, fax or other electronic delivery counts only if the recipient gives a written acknowledgement of receipt.

The filing package is made up of:

• A submission for estate grant in Form P2.
• Your affidavit (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 (Form P10, or P11 where it applies).

A wills notice search must be submitted with every application, even if you believe you hold the original last will. For a physical will made with witnesses present, the originally signed will must be filed; if it is unavailable, a physical or PDF copy may be filed instead.

Step 4: Complete the affidavit of assets and liabilities

Form P10 attaches a Statement of Assets, Liabilities and Distribution. It lists real property and tangible personal property in British Columbia, and intangible personal property anywhere in the world, with values and the liabilities charged against them. Assets are valued at the date of death, and secured debts are listed under the asset they charge. Property outside BC goes in a separate exhibit.

If the deceased was not domiciled or ordinarily resident in BC, Form P11 may be used instead, disclosing only property within British Columbia. This affidavit may be filed with the other documents or later. If you later discover missing property or errors, you must promptly file a further affidavit in Form P14.

Step 5: Pay the fees, file, and receive the grant

File at any B.C. Supreme Court registry. The court fee is $200 to file for and obtain the grant, and it is not payable where the estate does not exceed $25 000.

The probate fee is separate. No fee is payable if the estate does not exceed $25 000. Above that, it is $6 for every $1 000 or part of $1 000 between $25 000 and $50 000, plus $14 for every $1 000 or part of $1 000 above $50 000. It is based on the gross value shown in the Statement of Assets, Liabilities and Distribution, and must be paid before the grant is issued. If an undisclosed asset or valuation error comes to light after the grant, you must disclose it and pay the difference.

After the grant: what to do next

• Do not distribute the estate within 210 days after the grant is issued, except by court order, or with the consent of all beneficiaries and all persons who could bring a variation claim.
• A spouse or child has 180 days from the grant to start a wills variation claim, and a further 30 days to serve it on the executor.
• You may publish a Gazette notice giving creditors at least 30 days to present claims.
• Request a Canada Revenue Agency clearance certificate on Form TX19 before distributing, because a representative who distributes without one is personally liable for unpaid amounts, up to the value of the assets distributed.

Registry processing times vary, so ask the registry rather than relying on a general estimate. Get legal advice if anyone files a notice of dispute or the estate is complicated.

Frequently asked questions