Probate & Estate Administration

What is Probate?

Probate is the process of establishing the validity of a Will. Obtaining a grant of probate allows a person entrusted under the Will (known as the “Personal Representative”) to deal with the deceased’s assets and to distribute them to the beneficiaries of the estate.

What is the difference between Probate and Estate Administration?

When a person dies with a Will, the executor of the Will (known as the “Personal Representative”) applies to court for a Grant of Probate to manage and distribute the assets of the estate according to the Will.

When a person dies without a Will, an interested person, usually a family member such as a spouse or a child applies to court for “Estate Administration” to manage and distribute the assets of the estate in accordance with the court order and legislation.

What Documents do I need to take to my Lawyer?

  • The Original Will (if one exists) and any codicils of the Deceased
  • Death Certificate
  • Bank statements showing the balances as at the date of death. If unknown, contact information of the banks with which the Deceased had accounts. If banks are unknown, a list of financial institutions which the Deceased may have had accounts in
  • Addresses of any real property owned by the Deceased
  • Details of any other assets and liabilities of the Deceased including mortgages
  • Details of all immediate family members of the Deceased
  • List of all names the Deceased was known by

What does the Process Involve and how long does it take?

The process of obtaining an Order for Probate can take anything from a few weeks to several months depending on the complexity of the Estate. A Wills Search must be conducted, which takes approximately three (3) weeks to obtain. Notices must be sent out to each person who is a beneficiary under the Will or would have an entitlement to the estate under WESA. Thereafter, once all assets and liabilities of the Deceased are gathered, an application is made to court for review.

How much are Probate Taxes?

The basic fee payable for the application for probate is $200. The basic fee is waived if the gross value of the estate does not exceed $25,000. The $25,000 threshold is calculated based on the value of all the property of the deceased situated in British Columbia.

In addition to the basic application fee, the probate fees depend on the value of the estate:

  1. For the first $25,000-$50,000 in value, $6 for each $1,000 (or part of $1,000), plus
  2. For any value over $50,000, $14 for each $1,000 (or part of $1,000).

Does every Asset in an Estate have to go through Probate?

Not necessarily. Certain assets may have named beneficiaries or be under joint tenancy. These matters are contextual and require the attention of a legal professional.

Menu