When a person dies with a Will, the named executor(s) of the Will applies to court for a “Grant of Probate” to manage and distribute the estate in accordance with the Will. Probating is a term used to prove the Will and it’s validity. An original Will is submitted to the Supreme Court of B.C and reviewed to ensure its compliance with the validity requirements of a Will in British Columbia.
When a person dies without a Will (intestate), an interested person, usually a family member such as a spouse or child applies to court for “Estate Administration” to manage and distribute the estate in accordance with the Wills Estates and Administration Act, BC (WESA). Administration of an estate refers to various processes including arrangement of the funeral, payment of debts, filing of court documents, ensuring all those entitled to be provided with notice of the application have been notified, distribution of the estate as well as various other steps.
When making an application for either Probate or Estate Administration, an applicant must ensure that every person who is entitled to receive notice of the application and a copy of the Will (if one exists) in accordance with WESA, does so. The time period for a potential dispute must also be complied with prior to the application being filed in the Supreme Court of B.C.