Probate is a legal procedure where your Will is approved and the appointment of your executor is confirmed by the courts under provincial legislation.  Probate is usually required because third parties, such as financial institutions or the Land Title Office, are unwilling to rely on a will unless the court has confirmed its validity.


Where there is no will, an application for letters of administration may be required to appoint an administrator to handle the estate. If an application to the court for probate or administration is required, we can assist you with the application and the administration of the estate in a timely and efficient manner. 


If the court approves the application and the probate fees are paid, it will issue Letters Probate. A more complicated procedure is required if the will is or may be disputed.


If probate is required, the entire value of estate assets located within B.C. is subject to probate fees. This is true even if probate is required because of only one asset, such as a car or term deposit. 


Here are some more facts about probate:

  1. probate fees are actually a tax
  2. application fee of $208, then 0.6% of estate value between $25,000 and $50,000, and 1.4% of estate value over $50,000
  3. fees payable on entire value of estate assets within BC (less only registered mortgages), even if probate only required to deal with only one asset
  4. if no will, application is for Letters of Administration rather than Letters Probate (same probate fees apply)
  5. usually application made in "common form" 

We provide legal advice and counseling, including:

  • Duties of an Executor/Adminstrator
  • Applying for Letters Probate
  • Applying for Letters of Adminstration
  • Applying for Committeship
  • Dealings with the Public Guardian & Trustee (PGT)

If you would like to have consultation to discuss any estate matter including applying for probate or letters of adminstration, please contact our office @ 604-689-3667 to book an appointment or complete our consultation questionnaire.  

 

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