When Is Probate Not Required in British Columbia? Common Cases

After a death, many families assume every estate must go through probate. In British Columbia the real question is narrower: which assets can be dealt with without a court grant, and which institutions will insist on one before they release anything.

This article walks through the common situations, including joint property, beneficiary designations and small accounts. Every estate is different, so treat this as a map of how things generally work, not a final answer for your family.

This article covers the law of British Columbia.

Probate is not required by a single rule

Probate is a court-supervised process that checks that a will is genuine, was made without fraud or undue influence, and is the last will the person made. The court document that confirms this is called a grant of probate.

No BC statute lists which estates must be probated. In practice, a grant is needed when an organization holding the deceased's assets asks for one. Banks, agencies and other institutions can require a will to be probated before they transfer assets to the executor, and each has its own policy.

That is why the honest answer to "do we need probate?" is often "it depends on what the person owned and who is holding it."

Assets that pass outside the estate

Property that does not pass to the personal representative is outside the estate. A common example is a benefit paid to a designated beneficiary under a benefit plan, such as a pension, RRSP or life insurance designation. That benefit does not form part of the estate and is not subject to the deceased's creditors.

A plan administrator that pays the designated beneficiary is discharged for that benefit, even if it later receives a notice changing the designation. Because these assets are not part of the estate, they are also not caught by the probate fee definition.

Land held in joint tenancy is another example. It goes to the surviving joint tenants through a transmission application to the Land Title and Survey Authority (LTSA). The online form is for individual owners on title who hold as joint tenants, and it needs original government-issued death documents such as a death certificate. The LTSA fee is $82.52 per parcel plus $10.30 for the Transparency Declaration, and the application claims the Property Transfer Tax survivorship exemption, so no property transfer tax is paid.

There is an important exception. If the title does not say joint tenants, the owners are tenants in common and the survivorship transmission does not apply. If any owner is a corporation, trustee or business partner, the LTSA says to contact a legal professional.

Small estates and small bank accounts

The number people most often hear is $25 000. In BC it matters for fees: no probate fee is payable if the estate does not exceed $25 000, and no $200 court filing fee is payable for an estate of that size or less.

That is not the same as saying a grant is unnecessary. Whether a bank or agency will release funds without a grant is a matter of its own policy, not something a BC statute settles by estate size. Ask each bank or agency directly what it will accept.

Where a grant may still be needed

• Any institution that asks for a grant before it will release assets to the executor.
• Land held as tenants in common: the survivorship transmission does not apply. What is needed to deal with title in that case, and for land in the deceased's sole name, depends on the facts, so it is worth confirming the requirements with the LTSA or a lawyer.
• Situations with no will, no executor named, or executors who cannot or will not act. A person then applies for a grant of administration instead.

A grant matters to third parties because someone who pays or transfers estate property to the personal representative, relying on the grant, is protected from liability if the grant is later found defective but they had no notice it was revoked. That protection is the reason institutions ask for it.

If the person died before March 31, 2014, the older wills and estates laws still apply to the estate.

What to do next

• List every asset and note how it is held: sole name, joint, tenants in common, or with a named beneficiary.
• Find the beneficiary designations on pensions, RRSPs and insurance.
• Check the land title for each property to see whether it says joint tenants.
• Contact each bank or agency and ask in writing what they require to release funds.
• Before you distribute anything, ask a lawyer or accountant about a Canada Revenue Agency clearance certificate. A legal representative who distributes without one can be personally liable for unpaid amounts, up to the value distributed.

If assets are mixed, or a family member might dispute things, a short conversation with a lawyer can confirm which route fits.

Frequently asked questions