Introduction

A Grant of Probate is a court document that gives you the authority to deal with an estate.

Losing a loved one is a very difficult and emotional experience.

It can be even harder if you have to manage their estate on top of managing your grief. Getting a Grant of Probate (sometimes just called probate) might be a process you need to go through.

This article will explain what probate is, why probate might be necessary, and what steps are involved in getting a grant of probate in British Columbia.

What is Probate?

Probate is the legal process that confirms a Will is valid. It gives the executor the authority to act on behalf of the deceased. It can also appoint someone to manage the estate if the deceased person didn’t have a Will.

A courthouse.

You apply to the Probate Registry in the Supreme Court of British Columbia for a court order.

This order is called a Grant of Probate.

This Grant of Probate gives you the authority to manage the estate.

Why is Probate Necessary?

You don’t always need a grant of probate.

Much depends on the type of assets the deceased owned, and how they owned them.

For example, a grant of probate is not required if the deceased owned assets as a true joint tenant with someone else. Nor is a grant of probate required for assets with a designated beneficiary named on them.

Other reasons why a grant of probate might be required include:

  • if substantial assets are owned by the deceased in their own name by themselves
  • giving someone the authority to deal with claims against an estate, or
  • getting a start date for some of the limitation clocks that run in an estate.

You can ask the deceased’s asset-holders whether they need a grant of probate to deal with the assets in question. You can also ask us – one of our friendly lawyers can help you work through whether you might need probate.

The Probate Process

Here are the basic steps involved in getting a grant of probate:

  1. Finding the Original Will: The first step is to locate the original Will. A Will outlines the deceased’s wishes for the distribution of their assets and names an executor. If there is no Will, you can still get a grant of probate, but the process is different, and can be more complicated and expensive.
  2. Determining Who Will Be the Executor: The executor is the person named in the Will to manage the probate process. If there is no Will, or the named executor cannot serve, the court will appoint someone, usually a close family member.
  3. Identifying and Notifying Beneficiaries: The executor must identify all beneficiaries named in the Will, along with any other persons who might have a right to make a claim or inherit from the deceased person. They must notify these people that they are applying for a grant of probate. This step ensures that everyone who has a legal interest in the estate is informed so they can respond to the application if they want to.
  4. Inventorying Assets and Liabilities: The executor needs to make a detailed list of all the deceased’s assets (such as property, bank accounts, and personal belongings) and liabilities (such as debts and loans). This inventory is crucial for determining the value of the estate. Probate fees are calculated based on this value.
  5. Preparing the Paperwork: The executor must complete several forms and documents required by the probate registry. This paperwork typically includes the original Will, copies of the notice provided to the relevant people, a list of assets and liabilities and the rest of the documents needed to apply for probate.
  6. Submitting the Paperwork to the Probate Registry: Once the paperwork is prepared and signed, it is submitted to the probate registry. The registry reviews the documents to ensure everything is in order. If everything is correct, they will issue a grant of probate. If changes are required, the probate registry will send you a notice of the changes they would like you to make to your application.
  7. Paying Probate Fees: There are fees associated with the probate process. The amount varies based on the value of the estate. The executor must pay these fees before the grant of probate is issued.

How Long Does Probate Take?

The probate process can take several months to over a year. It depends on how quickly you get started, the complexity of the estate and whether there are any disputes among beneficiaries.

How Much Does Probate Cost?

There are several elements to the cost of getting a grant of probate:

  • legal fees and disbursements
  • probate fees
  • executor’s fees

The total cost can can range anywhere from thousands of dollars to tens of thousands of dollars, depending on the size and complexity of the estate.

Conclusion

Understanding probate can help you navigate this challenging time with a bit more ease.

It’s a legal process to ensure the deceased’s wishes are carried out and their assets are distributed properly. If you’re facing probate, don’t hesitate to seek professional guidance to help you through it.

The BC Government also has some resources which might be useful to you.

You can call us for a consultation at any time to determine whether you need probate. In that consultation you can ask us any questions about how to manage your loved one’s estate. We’re a great place to start.