Managing an estate after a loved one passes involves numerous legal steps, which can be overwhelming for executors and estate administrators. B.C. Probate Lawyer Ronald Kumar specializes in guiding you through this process efficiently and accurately.

B.C. Probate Lawyer is here to help:

• Obtain a grant of probate (when there is a will).
• Obtain a grant of administration (when there is no will)
• Provide comprehensive guidance on the estate administration process and executor responsibilities.
• Wind-up and settle the deceased’s estate.

Types of Grants in British Columbia:

• Grant of Probate: Confirms the validity of the will and authorizes the executor to administer the estate.
• Grant of Administration: This is required when no valid will exists, and it allows the estate administrator to manage the estate’s assets

Our team handles all aspects of applying for these grants, ensuring the process is smooth and compliant with court requirements.

What to Expect

During your initial consultation, B.C. Probate Lawyer will explain the estate administration process thoroughly. We can assist you with everything from applying for and obtaining an estate grant (getting you a grant of probate or grant of administration) to helping you distribute estate assets and managing liabilities and fully settling the estate. Applying for and obtaining the grant of probate (or grant of administration) is just a small part of the whole process of estate administration. We can assist you to the extent desired.

Our estate lawyers in Vancouver are here to help.

The Process

In British Columbia, the process to obtain Grant of Probate or Grant of Administration generally involves the following steps:

1. Determine if Probate or Administration is Needed:
   • Probate is required if there is a will and the deceased owned assets solely in their name that need to be transferred.
   • Grant of Administration may be needed if there is no will (intestate), or if the will does not appoint an executor.

2. Gather Important Documents:
   • Will (if there is one).
   • Death certificate.
   • Executor/Applicant information.
   • Deceased’s information (name, place of birth, place of death, last residential address, marital status at death, spouse/partner’s name).
   • Land title certificate (if deceased owned a real property).
   • Information about where the deceased did their banking (name of bank) and bank account information (if available).
   • List of assets, liabilities, and other relevant estate information.

3. Notify all relevant parties that you will be applying for a Grant of Probate or Administration (P1 Notice).

4. Apply for a Grant of Probate or Administration:
   • Complete the various appropriate court forms and affidavits required by the British Columbia Supreme Court.

5. Prepare Necessary Documentation:
   • Original will (for probate).
   • Affidavit of execution (if required).
   • Estate valuation and inventory (statement of assets and liabilities).
   • Oaths of executors or administrators.
   • Other relevant documents.
6. File the Application with the Court:
   • Submit the completed forms and documents to the Supreme Court Registry in British Columbia.
7. Pay Required Court Filing Fees and Probate Fee to the Province of B.C.:
   • Probate Fees payable to the province vary depending on the value of the estate (see below for B.C. Government’s Probate Fees).
8. Court Review and Grant Issuance:
   • The Court reviews the grant application, and if everything is in order, issues the probate or administration grant.
9. Administer the Estate:
   • After obtaining the grant, the executor or administrator can manage and distribute the estate according to the will or intestate laws.
10. Finalize Estate Affairs:
    • Pay any estate debts, file final CRA tax returns for deceased, obtain a CRA clearance certificate, obtain an accounting for all estate monies, prepare an executor liability release agreement, get confirmation that all beneficiaries agree with the executor’s work and the financials of the estate, and then distribute remaining assets to the beneficiaries.

B.C. Government’s Probate Fees

Probate fees in B.C. are to be paid on behalf of the deceased’s estate to the B.C. government. The probate fees payable is based on the gross value of the estate at the date of death. Meaning the total fair market value of all assets are subject to probate fees. The current fee structure is:​

• No fee for estates valued at $25,000 or less​
• 0.6% on the value of the estate between $25,000 and $50,000​
• 1.4% on the value of the estate over $50,000​
• A flat $200 court filing fee

Cost

Contact us to schedule your free consultation.

Our law firm offers legal services on an hourly rate or a flat fee. Legal fees for estate grants (probate or grant of administration) typically start from $4000.00, depending on the estate’s complexity, and also which services you require. For example, if you want us to only get you the Grant of Probate or Administration and you handle the rest of your executor duties yourself. Or if you want us to get you the Grant, and also assist you with all the other required steps in winding up the deceased’s estate, such as paying probate fees to the Province, closing bank accounts, selling any assets, collecting assets, paying off liabilities, paying final taxes to CRA and obtaining a clearance certificate, drafting executor release, paying out beneficiaries once estate’s obligations have been met).

Legal fees paid by the executor to us for our work is an estate expense and is normally reimbursed to the executor from the estate money.

Reach out if you’re serving as an executor or trustee. We are here to make estate administration less stressful and more efficient.