Which Court Handles Probate in BC and Where Do You File?

If you have been named executor, one of your first questions is likely where the paperwork goes. The short answer is that it goes to a court, not to a government office or a notary, and the court is the same one for every estate in the province.

This article explains which court handles probate in British Columbia, how to think about choosing a registry, and what happens before and after you file. Every estate is different, so a lawyer can confirm how this fits your situation.

This article covers the law of British Columbia.

The court that handles probate

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. The court document that certifies this is called a grant of probate.

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

If there is no will, if the will names no executor, or if the named executors cannot or will not act, a person applies for a grant of administration instead. The same court handles that application.

Which registry should you file in?

You can apply at any B.C. Supreme Court registry. There is no rule in the material here that ties you to the registry nearest the deceased's home, so many people choose the one that is most practical for them.

Your choice still matters in one formal way. The notice you must deliver before applying has to name the registry of the court where the submission for estate grant will be filed. Decide on the registry before you prepare that notice.

If you need to change registries later, the court may, once a proceeding has started, order it transferred to another registry on application. That is a court order, so it is not something you can simply do by filing in a different place.

Steps that come before filing

You do not need a lawyer to apply for a grant of probate or administration in British Columbia. You do need to follow the required steps in order.

• Deliver a Notice of Proposed Application in Relation to Estate in Form P1 before applying for an estate grant.
• Where there is a will, send it to the named and alternate executors who are alive and have a prior or equal right to apply, the beneficiaries, certain people who would inherit on an intestacy, and the Attorney General if the government is entitled to the estate under the Escheat Act.
• Where there is no will, send it to the intestate successors, or the Attorney General if there are none, and to creditors whose claim exceeds $10 000.
• Wait at least 21 days after the notice and materials are delivered before you apply.

Some situations add recipients, such as a minor or a person who is mentally incompetent, where the Public Guardian and Trustee must also receive notice. Notice by mail is deemed delivered on the date it is mailed, while notice by email, fax or other electronic means only counts if the recipient gives a written acknowledgement of receipt.

What you file and what it costs

The filing package includes a submission for estate grant in Form P2, your affidavit in the form that matches the type of grant, Form P9 affidavits of delivery of the notice, two copies of a wills notice search certificate from Vital Statistics, and an affidavit of assets and liabilities. The assets affidavit may be filed with the other documents or later.

A search for a wills notice 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, though a physical or PDF copy may be filed if the original is unavailable.

The probate fee is based on the gross value of the property that passes to the personal representative at the date of death. A lawyer or accountant can help you work out the figure for your estate.

What to do next

Registry processing times vary, so ask the registry you choose about its current practice. Then work through a simple list.

• Confirm you are the right person to apply, whether as executor or as an applicant for administration.
• Decide on a registry and name it in your Form P1 notice.
• List everyone who must receive notice and deliver it, keeping proof of delivery.
• Make a diligent search for the deceased's property and liabilities before applying.
• Order the wills notice search and locate the original will.
• Prepare your affidavits and confirm the fees before filing.

If beneficiaries disagree, or someone may oppose the grant, get legal advice early. A person entitled to notice can oppose a grant by filing a notice of dispute in Form P29.

Frequently asked questions