Sole Beneficiary and There Is a Will: Do You Still Need Probate in BC?

Often, yes. Being the only person named in a will does not decide whether probate is needed. What decides it is what the person owned, how it was held, and what the institutions holding it ask for before they release it.

A will is a set of instructions. Probate is the court's confirmation that the will is valid and that the executor has authority to carry it out. Banks and the Land Title Office deal with that authority, not with who inherits. If the will names someone else as executor, that person applies, not you.

The short answer

If the estate includes land registered in the deceased's name alone, or a share they held as a tenant in common, you will need a grant. As a general rule, the Land Title Act says the registrar must not deal with an application to register a transmission of land after a will-maker's death unless a certified copy of the grant of probate or administration is filed. That is so whether the will names one beneficiary or ten.

If everything passes outside the estate, or the only assets are modest balances that an institution will release on its own terms, you may not need one.

Why a will does not avoid probate

Probate is the court process that confirms the will. The grant is what tells a third party that this is the last will, that it is valid, and that the executor may act on it. Our guide to whether you need probate in BC explains the grant in more detail.

Without a grant, an institution is taking the will on trust. The Province's guidance notes that institutions set their own requirements, and that most cap the amount they will release without one.

Why being the only beneficiary does not avoid it either

• Debts come first. The executor must pay the deceased's debts and taxes before the beneficiary receives anything. Inheriting everything means inheriting what is left.
• Other people are entitled to notice. Before applying, the executor must deliver notice, with a copy of the will, to each beneficiary and to each person who would have inherited if there were no will, even where the will leaves them nothing. The application cannot be made until at least 21 days after the notice is delivered, unless the court orders otherwise.
• A spouse or child can ask the court to vary the will. If the will does not adequately provide for the deceased's spouse or children, they may apply for a share. The claim must be started within 180 days of the grant. See the 180-day window to contest a will.
• Distribution waits. After the grant, the executor must not distribute the estate for 210 days without a court order, unless all the beneficiaries and everyone who could bring a variation claim consent. Our guide to the 210-day rule explains the exceptions.

When a sole beneficiary may not need a grant

• Joint ownership with a right of survivorship. A home held in joint tenancy passes to the surviving joint tenant, and the Land Title Office accepts a death certificate for that transmission in place of a grant. See transferring the house after a joint owner dies. Joint bank accounts are less clear-cut: where a parent added an adult child, the money may still belong to the estate. See challenging joint accounts after a death.
• Named beneficiaries. Registered plans and life insurance with a named beneficiary are generally paid directly to that person, outside the estate.
• Small balances. Banks and other institutions may release modest sums without a grant, on their own conditions. See accessing a deceased person's bank account.

What probate costs the estate

As of 10 November 2026, no probate fee is payable where the gross value of the estate passing under the grant is $25,000 or less. Above that, the fee is $6 for every $1,000, or part of $1,000, between $25,000 and $50,000, and $14 for every $1,000, or part of $1,000, above $50,000. The court's fee for filing the application is $200, and it is not charged where the estate does not exceed $25,000.

As an example, an estate of $600,000 would pay a probate fee of $7,850, which is $150 on the first band and $7,700 on the second, plus the $200 filing fee. Our guide to how probate fees are calculated shows what is counted.

How to find out before you file

• List every asset and how it is held. Sole name, joint, or with a named beneficiary. The answer for each asset decides whether it is part of the estate.
• Ask each institution, in writing, what it requires. Some will tell you the limit below which they do not ask for a grant.
• Order the wills search. A certificate showing the result of a search for a wills notice is required with every application, even if you hold the original will. See the BC wills registry.

Do not move, spend or transfer estate assets until you know the answer. An executor who distributes too early can be personally responsible.

When to hand it to a lawyer

Some estates are simple enough for an executor to manage alone. It is worth having a lawyer do the work where:

• the estate includes land, shares in a private company or assets outside BC;
• a spouse or child was left out of the will, or someone has questioned it;
• you live outside BC, or cannot give it the time;
• an institution has refused to act without a grant and you are not sure what else it will ask for.

The work is defined: a review of the assets, the notices, the application to the probate registry and, afterwards, the transfer of title. Our guide to using a lawyer for probate in BC sets out what is involved.

Named as the only beneficiary? Find out what the estate needs before you start

Our probate and estate lawyers can review the assets and how they are held, tell you whether a grant is needed, and prepare and file the application with the probate registry.

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