In B.C, the question of whether a will needs to go through the probate process or not depends on the financial institutions that the deceased held assets in. They may require that a will is probated before the assets are distributed or accessed by anyone. For example; you are the executor under your mother’s estate. She had a bank account at RBC with $50,000 in it. You have two other siblings, and your mum’s Will states that her estate is to be divided between you and your siblings. RBC may require that you prove the legitimacy of the Will by getting an Order of Probate form the court before you can access your mum’s bank account.
Generally, if an estate has more than $25,000 you will likely need to obtain and Order for Probate. Some institutions will make exceptions in circumstances where it is unlikely there would be a dispute under the Will; for example; you are the sole executor and beneficiary under your spouse’s estate. He/she had only one bank account in his/her name with $40,000. Every other asset was jointly held and passed on to you by a right of survivorship. The bank, in their discretion may allow you to access those funds without an Order for Probate.
If a deceased had real estate in his or her name alone or as a Tenant in Common* in B.C, you will be required to get an Order for Probate.
*There are two ways to own property in B.C:
- as a Joint Tenant, where a right of survivorship applies such that if one person on title passes away, the property belongs to the survivor on title, without requiring probate; and
- as a Tenant in Common, where each person’s percentage ownership on title passes through that person’s Will, and an Order of Probate would be required for the beneficiaries under the Will to receive the deceased’s interest in the property.