British Columbia Law
Probate Services - Affordable Options for Executors Across BC
Sea to Sky Law™ assists with probate services anywhere in BC — with decades of successful experience helping thousands of different people solve their legal issues, including business, personal, estate, and family matters.
What Is Probate?
Probate is the formal process by which the BC Supreme Court confirms the validity of a deceased person's Will and authorizes the Executor to administer the estate. The Court grants a document called a Grant of Probate — and most financial institutions, the Land Title Office, and other asset holders require this grant before they release or transfer assets held in the deceased's name alone.
Without a Grant of Probate, an Executor generally cannot transfer real property at the BC Land Title Office, access bank accounts held solely in the deceased's name (most financial institutions require the Grant for accounts over a modest threshold), or sell or transfer shares or registered investments.
Probate is not required for all assets. Jointly owned property with right of survivorship passes automatically to the surviving owner. Registered accounts (RRSPs, TFSAs, RRIFs) and life insurance with named beneficiaries pass outside the estate. Small estates with few assets held solely in the deceased's name may not require probate at all.
The Probate Application Process in BC
Under BC's Wills, Estates and Succession Act (WESA), the Executor named in the Will applies to the BC Supreme Court for a Grant of Probate.
The application requires the original Will, a sworn affidavit from the Executor, a detailed inventory of the estate's assets and estimated values as of the date of death, notice to all beneficiaries and other persons entitled to notice under WESA, and payment of probate fees based on the gross value of the estate.
The probate fee in BC is: no fee on the first $25,000 of estate value; $6 per $1,000 (or part) between $25,000 and $50,000; and $14 per $1,000 (or part) over $50,000. On an estate with a gross value of $1 million, the probate fee is approximately $13,450. This fee is paid from estate funds before distribution.
The Executor's Duties and Personal Liability
Being named Executor is an honour — but it comes with significant responsibilities and potential personal liability.
During probate and estate administration, the Executor must: identify, collect, and protect all estate assets from the date of death; notify all relevant parties including beneficiaries, creditors, and government agencies; file the deceased's final income tax return and obtain a Clearance Certificate from the Canada Revenue Agency (CRA) before distributing any assets; pay all valid estate debts and expenses; prepare an accounting of the estate; and distribute assets to beneficiaries according to the Will.
If an Executor distributes assets to beneficiaries before paying all estate debts — including CRA's claim — the Executor can be held personally liable to those creditors for the amounts distributed. Obtaining the CRA Clearance Certificate requires filing all outstanding tax returns for the deceased, paying all outstanding tax balances, and applying to CRA — a process that alone can take several months.
Our Affordable Service Options
On-demand paid appointments: For help making a success plan at a specific moment — ideal if you have a specific question or need guidance at one key step.
DIY Support Services retainer: You keep control, supported by our help on demand. This limited-scope retainer keeps you in the driver's seat with professional guidance at every key step. Significantly more affordable than full representation.
Traditional Full Service retainer: You hand the problem to us to solve — we handle everything from start to finish, including court filings, creditor notifications, tax return co-ordination, and asset distribution.
For clients across BC, we offer virtual consultations by phone or video. Whether you are in the Lower Mainland, the Interior, Vancouver Island, or Northern BC, Sea to Sky Law™ is here to guide you through the probate process. Contact Andrew Liggett BA JD CD to discuss the best approach for your estate.
Common Probate Delays — And How to Avoid Them
Probate applications in BC can be delayed by incomplete documentation, missing or unclear Will provisions, disputes among beneficiaries, or failure to notify all entitled parties. Common mistakes that cause delays include:
- Incomplete asset inventory — Financial institutions require specific information. Missing a bank account or overlooking an investment can require supplementary applications.
- Missing original Will — The BC Supreme Court requires the original Will. A copy is not sufficient for a probate application.
- Failure to notify all beneficiaries — Under WESA, notice must be given to all beneficiaries and anyone entitled to apply to vary the Will. Missing a required notice can restart the clock.
- Creditor claims — Executors must advertise for creditors and allow a reasonable period for claims before distributing the estate. Distributing too early creates personal liability for the Executor.
Working with an experienced probate lawyer significantly reduces the risk of delays and personal liability.
BC Probate Fee Calculator
BC probate fees are calculated on the gross value of the estate: no fee on the first $25,000; $6 per $1,000 between $25,000 and $50,000; and $14 per $1,000 over $50,000. Use our free Probate Fee Calculator to estimate the fees on your estate. The calculator is free and takes less than a minute.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.