Probate and Estate Administration

Probate is the court process that confirms a Will is valid and gives the executor legal authority to deal with the deceased person’s assets. Once probate is granted, the executor can:

• Access bank accounts and investments
• Transfer or sell real estate
• Pay debts and taxes
• Distribute the estate to beneficiaries

The document issued by the court is called a Grant of Probate.

A Grant of Administration is required when:

• The deceased did not leave a Will, or
• The named executor cannot act

The court appoints an administrator (usually a spouse or close family member) to manage and distribute the estate according to BC law.

Not always. Probate may not be required if:

• Assets are held jointly (such as joint bank accounts or real estate)
• Assets have named beneficiaries (such as life insurance or RRSPs)
• Financial institutions agree to release funds without probate (for smaller estates)

However, probate is often required when real estate or significant financial assets are involved.

The probate process typically takes 3 to 6 months on the low end after the application is filed with the court, it can also take several months to a year; timelines can vary depending on:

• Court processing times
• Estate complexity
• Missing information or errors in the application

Preparing the application properly helps avoid delays.

Probate fees (also called probate tax) are based on the value of the estate:

• No fee on the first $25,000
• $6 per $1,000 for the next $25,000
• $14 per $1,000 on the value over $50,000

These fees are paid from the estate, not personally by the executor, however, if the executor is not able to access these funds from the estate’s bank account, they may need to pay these funds upfront personally and then get reimbursed later from the estate.

An executor’s responsibilities include:

• Identifying and valuing assets and debts
• Notifying beneficiaries and potential creditors
• Filing the probate application with the court
• Paying debts, expenses, and taxes
• Distributing the estate according to the Will

Many executors choose to work with a lawyer to ensure everything is handled correctly.