Introduction

Losing a loved one is hard. On top of dealing with your grief, you may need to handle their estate. This means you might need to go through the probate process.

You might have to deal with your loved one's estate in addition to managing your grief.

Probate is a legal way to settle a deceased person’s affairs. It is the process you go through to become officially recognized as the estate’s representative.

You can work through the probate process yourself, or you can hire a lawyer to help you with it.

This guide will explain the probate process and help you understand what to do.

Determining Whether You Need Probate

Not every estate requires probate.

Probate is needed if the deceased owned assets in their name only. Common assets that require probate include:

  • real estate and manufactured homes
  • large bank accounts
  • investment accounts
  • vehicles

If the assets were held jointly with someone else or had a named beneficiary, probate might not be needed. For example, if two spouses own their assets in joint tenancy, and one dies, it is unlikely that probate will be required. If the spouses owned their assets separately, probate might be required.

You might also decide to get a grant of probate if there are any claims that might be made against the estate. This way you will have the authority to deal with those claims.

To determine if you need probate, you can check with the institutions holding the deceased’s assets, or consult one of our lawyers.

Finding the Deceased’s Will

The first step in the probate process is finding the deceased’s Will.

A Will is a legal document that sets out how the deceased wanted their assets distributed. The Will also names the person responsible for managing the estate. This person is often called the Executor or the Administrator.

Look for the Will in common places like:

  • A safe or safe deposit box
  • A file cabinet at home
  • With the deceased’s lawyer

When you find the original Will, keep it safe. You will need the original Will to apply for probate.

If you find the Will, but it was damaged, taken apart or has notes or other writings on it, let us know immediately. This could invalidate the Will.

What to Do If the Deceased Didn’t Have a Will

If the deceased didn’t have a Will, they are said to have died intestate.

When this happens, someone needs to volunteer to manage the estate. You will need to go through a process to pick that person, and get consents from others who might also have had a right to do that work. This person is usually a close family member.

The person who volunteers is called an Administrator.

They will distribute the estate according to British Columbia’s intestacy laws.

Deciding Whether to Do the Work Yourself or Hire a Lawyer

Probate involves a lot of paperwork and legal steps. You can choose to handle it yourself or hire a lawyer.

Doing it yourself might save money, but it can be time-consuming and complicated. Be prepared to spend the first year after the deceased’s death dealing with probate issues. It will be quite busy for the first month or two, and then it will taper off. You will have other jobs to do in that first year after the deceased’s death.

Every estate is different. You can read up on general information on managing an estate, but you usually will spend the first year being surprised by things you didn’t know you had to deal with.

Hiring a lawyer can make the process smoother, especially if:

  • the estate is large or complex,
  • anyone has been cut out of the Will
  • someone is going to make a claim against the estate
  • there are minor or incapable beneficiaries

Sending Notices

You must send a Notice to various people so they know you are applying for a Grant of Probate.

The people you need to notify differ depending on a number of factors, including:

  • if there was a Will or not
  • whether there are any minor beneficiaries
  • if any of the beneficiaries are incapable
  • if there are any people who are entitled to make a claim against the estate
  • whether there are any guardians, attorneys or committees involved with a beneficiary or an heir
  • if the Public Guardian and Trustee is involved

There are other potential reasons why you might need to send a Notice in your particular situation.

Preparing the Paperwork

If you decide to handle probate yourself, you will need to prepare several documents. You will need the following information to properly prepare these papers:

  • renunciations from anyone who was named as an Executor in priority to you
  • consents from anyone who has an equal or prior right to you to apply to be an Administrator (where there is no Will)
  • a list of the deceased’s assets and liabilities
  • names and addresses of the beneficiaries in the Will, or the intestate heirs if there is no Will
  • information on anyone who might make a claim against the estate
  • names and addresses of guardians, attorneys or committees for any minor or incapable beneficiaries

You will also need the original Will if there is one. If the Will was damaged or lost, we can help you prepare the paperwork that deals with that situation.

The documents must be sworn in front of a BC Notary or lawyer before you submit them to the Probate Registry.

The probate forms are set by the government, and can be confusing to laypeople. Missing or incorrect information can delay the process. If you get the forms wrong, the Probate Registry will provide you with a list of corrections they want made.

Submitting the Application to the Probate Registry

Once you have all the paperwork ready, you need to submit it to the probate registry. This is part of the Supreme Court of British Columbia. The BC Government has information online about its court registry services.

Note that you will have to submit the original Will to the Probate Registry as part of this application. You will not get the original Will back once the application has been approved – the Court always keeps original Wills.

The registry reviews your documents to ensure everything is in order. If there are any issues, they will notify you.

Dealing with Any Changes Required by the Probate Registry

Sometimes, the Probate Registry may ask you to make changes or provide more information. This can happen if:

  • some documents are missing
  • information is incomplete or incorrect
  • additional details are needed

Sometimes this will require you to get your documents re-sworn. Make the required changes promptly to avoid further delays. If you are working with one of our lawyers, we will manage this process for you.

Getting Probate Fees Ready

Probate fees must be paid before the grant of probate is issued. In British Columbia, the fees are based on the value of the estate:

  • No fee if the estate is worth $25,000 or less
  • $6 for every $1,000 over $25,000 up to $50,000
  • $14 for every $1,000 over $50,000

Use our handy probate fee estimator to give you an idea of what the probate fees might be for this estate.

What to Do with the Grant Once You Have It

Once you receive the grant of probate, you have the legal authority to manage the estate. This includes:

  • collecting and securing assets
  • paying debts and taxes
  • selling any assets that need to be sold
  • making distributions to the beneficiaries
  • providing your accounts to the beneficiaries for review and approval
  • settling claims

Keep detailed records of all transactions. This ensures transparency and can prevent disputes among beneficiaries.

Conclusion

The probate process can seem overwhelming, but understanding the steps can make it easier. Whether you handle it yourself or hire us to help you, knowing what to expect can help you navigate this challenging time. If you have any questions or need assistance, don’t hesitate to contact us.

By following this guide, you’ll have a better understanding of the probate process and be better prepared to manage your loved one’s estate.