Probate in BC is the court-supervised process of administering an estate after someone dies. Here is what executors and beneficiaries need to know about the probate process under the WESA.
When someone dies in BC with a will, their estate typically goes through probate - a formal court process that validates the will, confirms the executor's authority, and ensures the estate is administered correctly. Here is what you need to know about probate in British Columbia.
What is probate?
Probate is the process by which a BC court:
• Verifies that the will is valid and genuine
• Confirms the executor's legal authority to act
• Authorizes the executor to collect and distribute the deceased's assets
• Protects beneficiaries by ensuring the will is carried out according to law
Probate is required in BC if the deceased left a will and there are significant assets. It is not always necessary if the estate is small or if assets are held in joint names or designated beneficiaries (RRSPs, life insurance).
Who pays for probate?
Probate fees in BC are calculated on the value of the estate's assets:
• First $25,000 of estate value: no fee
• $25,001-$50,000: $6 per $1,000
• Above $50,000: $14 per $1,000 (there is no upper cap)
Additionally, executor compensation (if any) and legal fees are typically paid from the estate assets. Beneficiaries do not pay separately for probate.
Step 1: Locate the will and gather documents
The executor begins by:
• Locating the original will (often held by the deceased's lawyer, bank, or family)
• Gathering certified death certificates
• Collecting documents showing assets (bank statements, investment statements, property deeds, vehicle titles)
• Identifying liabilities (mortgages, credit card debt, loans)
• Finding the last tax return and any correspondence from Canada Revenue Agency
Step 2: Assess the estate value
The executor determines whether probate is necessary by calculating the estate's gross value (before debts and expenses). Some assets do not need to be included in the probate calculation:
• Joint property (passes automatically to the surviving owner)
• Assets with named beneficiaries (RRSPs, RRIFs, life insurance, registered savings accounts)
• Assets held in trust
• Life insurance payable to a named beneficiary
Step 3: Prepare the petition and supporting documents
The executor (usually with a lawyer's help) prepares:
• A probate petition - a formal request to the court to grant the will probate authority
• An inventory of assets and liabilities
• An affidavit by the executor (a sworn statement confirming details)
• Proof of publication of notice to beneficiaries and creditors
• The original will and any codicils (amendments)
Step 4: Publish notice to beneficiaries and creditors
Before probate is granted, the executor must:
• Notify all beneficiaries named in the will
• Publish a notice in a newspaper (usually the local paper) asking any creditors to make claims within a set time (typically 2 months)
• Wait for the notice period to expire before applying for probate
This step protects the estate by ensuring creditors are aware and can file claims before assets are distributed.
Step 5: Apply for probate
The executor submits the petition and supporting documents to the BC Supreme Court. The court reviews the documents to ensure:
• The will is valid
• The executor is named and willing to serve
• Proper notice has been given to beneficiaries and creditors
• All required fees are paid
Step 6: Receive the grant of probate
Once the court is satisfied, it issues a "Grant of Probate" - a document confirming the executor's legal authority to act. This grant is necessary to:
• Access bank accounts and investments
• Sell real estate
• Collect insurance proceeds
• Transfer business interests
• Access safety deposit boxes
Step 7: Collect and manage assets
With the grant of probate, the executor:
• Contacts banks, investment firms, and insurance companies to collect assets
• Transfers the grant of probate to the land title registry if real estate needs to be sold or transferred
• Pays outstanding bills and taxes
• Pays debts and liabilities
• Maintains assets and pays ongoing expenses (property taxes, insurance, utilities)
Step 8: Pay estate liabilities
The executor pays (in order of priority):
1. Funeral expenses
2. Estate administration costs (legal fees, accounting fees, probate fees)
3. Debts and taxes (mortgages, credit card debt, income tax)
4. Any claims by creditors
5. Spousal or dependent support obligations
6. Bequests (specific gifts named in the will)
7. Distribution of remaining assets to beneficiaries
Step 9: File a final accounting
The executor prepares a final accounting showing:
• All assets received
• All expenses and debts paid
• All distributions made to beneficiaries
Beneficiaries have the right to review the accounting and challenge it if they believe there are errors or impropriety.
Step 10: Distribute assets and close the estate
Once all debts are paid and taxes are settled, the executor distributes the remaining assets to beneficiaries according to the will. The executor then files a final report with the court (in some cases) and the estate is closed.
Common probate issues
Challenge to the will
A beneficiary or interested party may challenge the will's validity, claiming:
• The will was forged or improperly executed
• The deceased lacked mental capacity
• Someone exerted undue influence over the deceased
These challenges must be raised before or shortly after probate is granted.
Executor disputes
If there is disagreement about how the executor is managing the estate, a beneficiary can apply to court for direction or to remove the executor.
Creditor claims
Creditors have a limited time (usually 2 months after notice) to file claims against the estate. After that period, they generally cannot recover from the estate.
Delays in probate
Probate can be delayed by:
• Missing or incomplete documents
• Challenges to the will
• Disputes among beneficiaries
• Complex asset valuations
• Tax issues requiring CRA clarification
Typically, probate takes 3-6 months, but complex estates can take longer.
At Sea to Sky Law™
We guide executors through the entire probate process and help beneficiaries understand their rights. If you are an executor dealing with probate or a beneficiary with questions about an estate, contact us for a free intake call.
This article is for general information only and does not constitute legal advice.