What is probate?
Probate or obtaining a Grant of Probate or Administration is a court process of proving the originality and validity of a Will before the Supreme Court of BC. A Grant of Probate is used to authorize a representative to act on behalf of and administer the estate.
How much are probate fees in BC?
Within British Columbia, probate fees are based on a calculation equal to roughly 1.4% of the gross value of the estate that passes through the hands of the Executor. A filing fee of $200 is also payable for each court application.
Who can apply for probate?
The applicant must either be appointed through the Will or if there is no Will, the applicant will be the next of kin with majority consent of other beneficiaries or effected parties. If the appointed executor of the Will renounces, the alternate can apply or the next of kin with consent will need to apply.
Can I file for probate on my own?
You can obtain documents online and file them yourself with the probate registry if you have the appropriate affidavits witnessed by a commissioner, lawyer or notary public.
More often than not we would not provide legal advice on these documents if they are not prepared by someone from our office.
These forms can be time-consuming and confusing, and the registry can be particular about how they are to be completed. If the registry rejects these forms, there may be a further effort to obtain supporting material.
What are some of the initial steps for an executor when someone passes away?
Usually, we advise our clients to take care of family first, arrange any funeral services required and secure assets when necessary. We will then meet with the Executor to discuss the next steps in detail.
How long does probate take?
This can depend on the various complexities of the estate, such as the number of beneficiaries or interested parties, different locations of assets and if there is a wait time at the registry.
Probate applications can may take anywhere from 4 to 12 months to process.
Who has a right to see a copy of the Will?
Beneficiaries named in the Will, any intestate successors, named executors, and sometimes Public Guardian and Trustee, if there are minors or disabled beneficiaries involved.