BC Probate Forms Explained: P1, P2, P3, P9, P10 and More

If you are handling a BC estate yourself, the probate forms can look like an alphabet soup of P-numbers. Most applications use only a handful, but each has to be the right one and completed the right way.

This guide walks through the forms the Supreme Court Civil Rules require, in the order you will usually need them, and the choices that most often send an application back.

Where the forms come from

BC's probate forms are set by Part 25 of the Supreme Court Civil Rules, and the Province publishes fillable PDF versions of every one of them, P1 to P46, on its probate forms page. Most applications use only a handful. Which ones you need depends on three things: whether there is a will, whether the deceased lived in BC, and how many people are applying together.

The forms are PDFs built for Adobe Reader. The Province's page says they are not compatible with Apple products, including Mac computers and iPads, and some browsers need a one-time setting change before the forms will open properly. Sort that out before you start typing.

Step one: notice, using Form P1

Before you file anything, Rule 25-2 requires you to deliver a notice of proposed application in Form P1, and, if there is a will, a copy of the will. Who gets it is set by the rule. Where there is a will, that includes:

• Other executors. Anyone named as executor or alternate executor whose right to apply is equal to or ahead of yours and who was alive when the deceased died.
• Beneficiaries. Every beneficiary under the will.
• Would-be intestate heirs. The people who would have inherited if there had been no will, even if the will leaves them nothing.

Where there is no will, notice goes to the intestate heirs and to any creditor whose claim exceeds $10,000. Special delivery rules apply for minors (usually to a parent or guardian and the Public Guardian and Trustee) and for adults who cannot manage their own affairs. You cannot file the application until at least 21 days after you deliver the notice.

Step two: the application package

Rule 25-3 lists what goes to the probate registry. For a typical BC estate with a will, the package is:

• Form P2, submission for estate grant. The cover document that tells the registry what grant you are asking for.
• Form P3 or P4, affidavit of applicant. P3 is the short form; P4 is the long form. More on choosing between them below.
• Form P8, affidavit in support. Needed only where there are two or more applicants: one swears the P3 or P4, and each other applicant swears a P8.
• Two copies of the wills notice search certificate. This comes from Vital Statistics and shows whether the deceased filed a wills notice.
• Form P9, affidavit of delivery. Confirms that the P1 notice went to everyone it had to go to. More than one P9 can be used if different people did the delivering.
• The originally signed will and two copies. The rules require the will and each document in the package to be filed separately, not stapled or attached to one another.

If there is no will, Form P5 replaces the P3 or P4. An ancillary grant based on a grant already issued in another jurisdiction uses P6 or P7. If an executor named ahead of you has stepped aside, their notice of renunciation in Form P17 goes in too, and any document not in English needs a translator's affidavit in Form P12.

P3 or P4: the choice that causes the most trouble

The short-form P3 is only available when every condition in Rule 25-3(6) is met. In plain terms, you generally must be named in the will as executor or alternate executor, and you must be satisfied that:

• a diligent search was made everywhere the deceased kept documents, no later will or codicil turned up, and you believe this is the deceased's last will dealing with property in BC;
• the original will is being filed, it meets WESA's signing and witnessing requirements, and you know of no issue with how it was signed;
• the wills notice search shows no later will, or no wills notice at all;
• there are no handwritten changes, erasures or other alterations, and nothing odd about the will's appearance; and
• any document the will refers to is attached, and no grant has been issued anywhere else.

If any condition is not met, you use the long-form P4 and explain the issue. A will with an unexplained handwritten change, for example, needs a P4 and may also need an affidavit about the alteration (Form P16). The registrar must be satisfied that a P3 was appropriate before issuing the grant, so choosing the short form when a condition is not met tends to bring the file back to you.

P10: the affidavit of assets and liabilities

Form P10 lists what the deceased owned and owed, with values, and it drives the probate fee. Our guide to how probate fees are calculated explains which assets count. If the deceased was not domiciled or ordinarily resident in BC, Form P11 may be used instead, if the property outside BC is being dealt with under another jurisdiction's law.

The P10 does not have to go in with the rest of the package. Under Rules 25-3(7) and 25-4, you can file it later. If you do, the registrar issues an authorization to obtain estate information (Form P18), which lets you ask banks and others for the account details you need to complete the P10. The grant itself (Form P19) issues once the P10 is filed and the probate fee is paid. If you later find an asset or debt you missed, you file a supplemental affidavit in Form P14.

Swearing the affidavits

P3, P4, P5, P8, P9 and P10 are all affidavits, so each must be sworn or affirmed in front of a commissioner for taking affidavits, such as a lawyer or notary public. Bring photo identification, and do not sign until you are in front of the commissioner. If you are unsure which document needs what, our overview of applying for probate in BC step by step sets out the full sequence.

Common reasons a package comes back

• Notice was not sent to everyone Rule 25-2 requires, or the P9 does not match who was served.
• A P3 was used when the will had alterations or the original could not be found.
• Documents were attached to each other, or the will copies were missing.
• The P10 values do not match the supporting information, or assets were left off.
• Affidavits were signed but not properly sworn, or the exhibits were not marked.

Doing probate yourself? Have the forms checked before you file

Our probate and estate lawyers can review your draft forms, prepare the full application, or take over if the registry raises problems with your filing.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.