WHY DO I NEED A GRANT OF ADMINSTRATION?

If there is no will, then there is no executor. Instead someone has to act as the administrator and an interested party would need to apply to a court to (a) be appointed as the “administrator” (as opposed to the “executor”) of the deceased’s estate and (b) to request that the court issue a Grant of “Administration” (as opposed to a Grant of “Probate”).

The Wills, Estates and Succession Act (WESA) establishes the people who have a right to administer the estate when a person dies without a will. The person appointed is called the administrator. The powers and duties of an administrator are roughly equivalent to those of an executor.

A Grant of Administration provides official recognition of the authority of the administrator over the deceased’s estate. The administrator may need this proof, for example, to recover money owing to the deceased or to transfer certain assets in accordance with their obligations as administrator. If the deceased owned real estate, a Grant of Administration must be obtained as the Land Title Office will need to have certified estate administration documents for matters dealing with the transfer and/or sale of the property.

Administration Fees

Similar to the Grant of Probate, the Grant of Administration requires fees payable to Probate Court for the Grant of Administration based on the value of the estate.   You can use our BC Probate Fees Calculator to determine what the fees for a specific estate would be. 

If the application is successful, the grant of administration works similarly to a grant of probate and the applicant can administer the estate of the deceased. Estate administrators must liquidate assets, pay off the debts of the estate and distribute the estate to beneficiaries.

Obtaining a Grant of Administration is no easy task. If you are thinking of applying as an administrator of an estate, contact Open Door Law to assist you with the complexities of administering an estate.