Which Court Handles Probate in British Columbia?

When someone dies, one of the first practical questions is where to file. In British Columbia the answer is a single court, but with many registries around the province, so choosing the right location is mostly a matter of convenience and planning.

This article explains which court handles probate, how the registry choice works, and what the court needs before it will grant authority over an estate.

This article covers the law of British Columbia.

The Supreme Court of British Columbia

Probate and administration applications go to the Supreme Court of British Columbia. Probate is a court-supervised process that checks that a will is real, was made without fraud or undue influence, and is the last will the person made.

Under the Wills, Estates and Succession Act (WESA), s. 129, the court may grant probate or administration for general, special or limited purposes. It needs proof that the will is valid (or that the person died without one) and proof of the deceased's connection to BC, such as being ordinarily resident or domiciled in British Columbia at death.

You do not need a lawyer to apply for a grant of probate or administration in BC. Whether a grant is needed at all in a particular estate is not set out in a BC statute. In practice, a grant is needed when an organization holding the deceased's assets asks for one, and each organization has its own policy.

Choosing a registry

You can apply at any B.C. Supreme Court registry. Because of that, the choice is generally a practical one.

The registry matters early, because the Form P1 notice must name the registry of the court where the submission for estate grant will be filed. Decide before you send notices.

• Convenience: pick a registry you can reach to file documents and follow up.
• Address for service: a self-represented party needs an email address if available, plus an accessible address within 30 kilometres of the registry. Without that, a BC postal address or a fax number is needed.
• Where the executor lives: an individual applicant's P1 notice must state the city and country where they ordinarily live.

Changing registries later

Once a proceeding has started, the court may, on application, order it transferred to another registry of the court. That is a court order, not something you can do by informal request, so it is worth choosing carefully at the outset.

What the court needs to see

Before applying, the applicant must deliver a Notice of Proposed Application in Relation to Estate in Form P1. The application cannot be made until at least 21 days after the P1 notice and materials are delivered. A notice sent by mail is deemed delivered on the date it is mailed, while a notice sent by email, fax or other electronic means only counts as delivered if the recipient gives a written acknowledgement of receipt.

The filing package includes a submission for estate grant in Form P2, the applicant's affidavit, affidavits of delivery of the P1 notice in Form P9, two copies of a wills notice search certificate from Vital Statistics, and an affidavit of assets and liabilities. The wills notice search is needed with every application. The affidavit of assets and liabilities may be filed at the same time as the other documents or later.

For a physical will made with witnesses present, the originally signed will must be filed. If the original is unavailable, a physical copy or PDF copy may be filed instead. Before applying, the applicant must also make a diligent search and inquiry to find the deceased's property and liabilities.

Property outside BC for a domiciled estate is disclosed separately in Exhibit B to Form P10. Deaths before March 31, 2014 are still governed by the old laws.

Other court steps you may meet

• If no executor can act or there is no will, the application is for a grant of administration, in the same court.
• Anyone entitled to notice can oppose a grant by filing a notice of dispute in Form P29.
• A person interested in the estate can serve a citation in Form P32 to require a named executor to apply for probate. The cited person must respond within 14 days after being served.
• There is a court fee of $200 to file for and obtain a grant, which is not payable where the estate does not exceed $25 000 in value. The probate fee is a separate amount, paid before the grant is issued.

What to do next

• Choose the registry you will file in and note its address.
• Prepare an address for service that meets the rules.
• Name the registry in your Form P1 notice.
• Gather the original will, death certificate and asset information.
• Speak with a lawyer if the estate has property outside BC, a dispute, or a minor beneficiary.

Frequently asked questions