Probate is the Supreme Court process to approve the validity of a Will. Most people don't understand what's needed for smooth estate administration - and the problems that arise are almost always preventable with proper drafting.
Probate is the process by which the BC Supreme Court formally approves the validity of a Will and confirms the authority of the Executor to administer the estate. The Court only knows what it is told — and people often misunderstand what is needed for smooth and uneventful estate administration when the Will is first drafted. Getting it right from the start is far less expensive than fixing problems after death.
When Is Probate Required?
Not every estate requires probate. Small estates or assets held jointly with right of survivorship (such as a joint bank account or jointly owned real property) may pass outside the estate entirely. However, most financial institutions and the Land Title Office in BC will require a Grant of Probate before releasing or transferring assets held solely in the deceased's name. If the deceased owned real property in their name alone, probate is almost always required.
The Probate 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 must include the original Will, a sworn affidavit from the Executor, a detailed inventory of the estate's assets and liabilities, and notice to all beneficiaries and certain other persons entitled to notice under WESA.
The Court reviews the application, confirms the Will's validity, and issues the Grant. This process often takes several months before the Executor can take formal control of estate assets.
Common Problems That Slow Down Estate Administration
A Will can be found valid by the Court and yet still create significant practical problems:
- Unclear identification of beneficiaries — using nicknames, failing to account for a beneficiary predeceasing the testator, or omitting a residuary clause can leave part of the estate in limbo
- No alternate Executor named — if the named Executor dies, becomes incapacitated, or declines to act, and no alternate is named, the estate must return to Court to appoint an Administrator
- Ambiguous wording — phrases like "divided equally among my children" create disputes when some children have predeceased and left grandchildren
- Failure to update the Will — marriages and divorces affect Wills in BC under WESA. Marriage does not revoke a Will in BC; divorce revokes gifts to a former spouse; divorce revokes gifts to the former spouse in many circumstances
The Executor's Duties and Personal Liability
The Executor's job is demanding and carries real legal risk. Before distributing anything to beneficiaries, the Executor must:
1. File the deceased's final income tax return
2. Obtain a Clearance Certificate from the Canada Revenue Agency (CRA) confirming all taxes are paid
3. Pay all valid estate debts and claims
4. Notify beneficiaries and provide an accounting
If the Executor distributes assets before paying all debts — including CRA's claim — they can be personally liable to those creditors. This is why experienced legal advice during estate administration is not optional; it is essential.
The Estate Administration Timeline
The probate and estate administration process normally takes a year or more, even in uncomplicated estates. When there are disputes among beneficiaries, contested Wills under WESA's wills variation provisions (Part 4, Division 6), or complex assets such as a business or real property, the process can extend for several years.
Plan Now to Protect Your Estate Later
Proper Will drafting is the single most effective way to prevent probate problems. A Will prepared by an experienced estate lawyer — with clear identification of Executors and alternates, unambiguous beneficiary designations, and a proper residuary clause — will move through probate with minimal friction.
Sea to Sky Law™ drafts Wills and estate plans for clients throughout British Columbia, and advises Executors and beneficiaries through every stage of the probate and estate administration process. Contact us to ensure your estate is set up for a smooth transition.
Probate is generally required when the deceased owned assets solely in their name — including real property — as financial institutions and the BC Land Title Office will not release or transfer those assets without a court-issued Grant of Probate.
BC probate fees are approximately $6 per $1,000 of estate value between $25,000 and $50,000, and $14 per $1,000 above $50,000 — on a $1 million estate, probate fees are approximately $13,450.
Yes. If an Executor distributes estate assets to beneficiaries before paying all debts — including obtaining a CRA tax clearance — the Executor can be personally liable to those creditors for the full amount of the unpaid debts.
The probate application process itself typically takes several months, and full estate administration commonly takes one year or more — contested estates or those with complex assets can take several years to conclude.