Legal services
Probate in British Columbia
Probate is a court process used to confirm the authority of an executor named in a will. It is not a synonym for every task that follows a death, and not every asset necessarily requires it.
Whether probate is required depends on the assets
A bank, land-title office or other institution may require a grant before it will transfer property. The type of asset, value, ownership and institution’s requirements are important. Joint ownership and beneficiary designations require their own analysis.
The executor should locate the original will, search for later documents, secure property and identify the people entitled to notice. Applying too quickly without a reliable inventory can produce errors.
The executor has work before and after the grant
An inventory commonly includes real estate, accounts, investments, vehicles, insurance, business interests, personal property and debts. Date-of-death values may be required. The executor must also address tax filings, claims and ongoing expenses.
Distribution comes later. Beneficiaries may need information, but the executor should not pay out the estate before liabilities, taxes, disputes and statutory requirements have been considered. Keep estate money separate and maintain a transaction ledger.
Useful records reduce delay
Bring the original will, death certificate, government identification for the executor, a family and beneficiary list, available account statements, title information and known debt records. Note property outside British Columbia.
An estate with a missing original will, unclear family history, foreign assets or a dispute may require additional steps. General guides cannot decide what a particular institution or court will require.
Questions people often ask
What should I gather before discussing probate?
Begin with the documents closest to the event and put them in date order. Include agreements, notices, correspondence, payment records and any deadline already provided. A shorter, organized record is usually more useful than an unexplained folder of files.
Does reading this page create a lawyer-client relationship?
No. This website provides general legal information. Advice depends on the facts, the applicable law and the documents in an individual matter.