WHY DO I NEED PROBATE?

The grant of probate provides official recognition of the authority of the executor over the testator’s estate.  When a person with a will dies, the executor appointed by the will must obtain a grant of probate from the Court in order to pay the will-maker’s debts and distribute his or her property to the persons named as beneficiaries in the will.  Any person who questions the validity of the will or who claims that the will should varied in their favour, would then have the opportunity to have that claim resolved by the Court.

A grant of probate may be required before the executor will be able to deal with the deceased’s assets and distribute those assets to tbe beneficaries. For example, the Land Title & Survey Authority of British Columbia will not register a transfer of the deceased’s land until after the grant of probate has been obtained. Most financial institutions will freeze the deceased’s bank accounts upon learning of the death. These accounts will remain frozen until after a grant of probate has been obtained.

Probate serves several practical and legal purposes from the point of view of the executor. Also, it starts the clock on a statutory limitation period within which persons who wish to challenge the will must initiate an action.

Obtaining a grant of probate can offer additional protections to an executor over not obtaining probate. Since being an executor is a substantial and often difficult role that carries with it personal liability of the executor, it is almost always a good idea to consider probating a will.

A grant of probate can be obtained in as little as six weeks or it can take many months depending on the complexity of the assets in the estate and whether the beneficiaries can be easily located. It is the executor’s job to disclose all assets of the deceased as at the date of death and obtaining this information can take time. 

Probate Fees

There are fees for obtaining probate whether you do the paperwork yourself, or retain a lawyer. In British Columbia, the fees payable are payable to the government of British Columbia generally by the estate and are calculated based on the value of the estate.  You can use our BC Probate Fees Calculator to determine what the probate fees for a specific estate would be. 

The basic fee for a Grant of Probate in BC,  payable for commencing the application, is $200.00. However, this fee is waived if the entire value of the estate (all of the property of the deceased) does not exceed $25,000.

In addition to the basic Probate application fee, the following are the Probate fees paid to the government:

• $6 for each $1,000 or part of $1,000 of the value of the estate in excess of $25,000, up to $50,000, plus
• $14 for each $1,000 or part of $1,000 of the value of the estate in excess of $50,000. 

Probate can be a complex process that is unfortunately undertaken at a time of family stress.  If you have been appointed as an executor, contact Open Door Law to assist you with the complexities of administering or probating an estate.