Demystifying the Probate Process in British Columbia

Whether you're an executor of a will or an individual seeking clarity on estate matters, understanding the probate process is essential. In this blog post, we'll demystify the probate process in BC, shedding light on its intricacies and providing valuable insights to guide you through.

What is Probate?

Probate is the legal process of validating a deceased individual's will and granting authority to the executor to administer the estate. In British Columbia, the Supreme Court has jurisdiction over probate matters, ensuring that the deceased's assets are distributed according to their wishes (or the laws of intestacy if no valid will exists).

Who can apply?

In British Columbia, eligibility to apply for probate is primarily determined by the deceased individual's will and the provisions of the Wills, Estates, and Succession Act (WESA). The following individuals are typically eligible to apply for probate:

1. Executor Named in the Will

The person designated as the executor in the deceased's will is usually the primary candidate to apply for probate. The executor is responsible for carrying out the deceased's wishes as outlined in the will and administering the estate.

2. Alternate Executor

If the designated executor is unable or unwilling to act, an alternate executor named in the will may apply for probate. The alternate executor steps into the role and assumes the responsibilities outlined in the will.

3. Legal Representative

If the named executor is unable to act, a beneficiary of an estate may apply for a probate. Otherwise, the court may appoint a person such as a family member, an administrator, a trustee, or the Public Guardian and Trustee to administer the estate.

Note that when a beneficiary of an estate is a minor or has a mental disability, the Public Guardian and Trustee (PGT) of British Columbia may become involved to protect the interests of the vulnerable beneficiary.

It's important to note that eligibility to apply for probate may vary depending on the specific circumstances of the estate and any legal complexities involved. Consulting with a qualified probate lawyer can provide clarity on probate eligibility and guide you through the application process.

The Probate Application Process

1. Preparation of Documents

The first step in the probate process involves gathering the necessary documents, including the original will, death certificate, and a detailed inventory of the deceased's assets and liabilities.

2. Probate Application

The executor, or their legal representative, files a probate application and supporting documents with the Supreme Court of British Columbia.

3. Court Review

The court reviews the probate application to ensure compliance with legal requirements. If everything is in order, the court issues a grant of probate, officially recognizing the validity of the will and authorizing the executor to administer the estate.

4. Estate Administration

With the grant of probate in hand, the executor can proceed with the administration of the estate. This involves gathering and valuing assets, paying debts and taxes, and distributing assets to beneficiaries according to the terms of the will or the laws of intestacy.

Cost of Obtaining Probate

1. Probate Fee

In British Columbia, the probate fee is based on the value of the estate being probated. The probate fee is calculated using the following rate structure:

For estates valued at $25,000 or less, there is no probate fee.

For estates valued between $25,000 and $50,000, the probate fee is $6 for every $1,000 of estate value, or part thereof.

For estates valued over $50,000, the probate fee is $14 for every $1,000 of estate value, or part thereof.

For example, if the estate is valued at $500,000, the probate fee would be calculated as follows:

• first $25,000: $0

• next $25,000: $25,000 ÷ 1,000 × $6 = $150

• the remaining value: $450,000 ÷ 1,000 × $14 = $6,300

Therefore, the total probate fee for an estate valued at $500,000 would be $6,400.

2. Court Filing Fee

The court charges a $200 court application fee for estates with a gross value of over $25,000

3. Document Fee

It costs $40 for each court-certified copies of the grant of probate, or the statement of assets and liabilities.

How Long it Takes to Obtain a Probate?

Generally, the probate process typically takes around 3 to 6 months to complete. The duration of obtaining probate in British Columbia can vary depending on several factors, including the complexity of the estate, any disputes or challenges that arise, and the efficiency of the probate application process.

Additional time may be required for estate administration tasks, such as the 21-day probate notice period, and the time for gathering assets and liabilities information. In some cases, delays may occur due to court backlogs or disputes among beneficiaries, extending the probate timeline.

At Pinewood, our experienced legal team specializes in estate planning and administration, including probate matters. We're here to provide expert guidance and support every step of the way, ensuring a smooth probate process and peace of mind for you and your loved ones.

If you're facing probate challenges or have questions about estate matters, don't hesitate to reach out to us. Let's work together to navigate the probate process and safeguard your legacy for future generations.