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What actually happens after someone dies

When someone dies, the person responsible for their estate takes on a job with deadlines, court forms and personal liability attached. At Equity Law Group we guide executors and administrators through probate and estate administration in British Columbia, from the first notice to the final distribution. We also act when an estate is contested, for executors, beneficiaries and family members who believe a will has treated them unfairly, and we handle grants for estates and executors outside the province.

Grants of Probate
Letters of Administration
Executor Advice and Estate Accounts
Wills Variation Claims
Will Challenges and Estate Disputes
Resealing Grants from Outside BC

A will decides who inherits. By itself it does not move anything. Before an executor can deal with most assets, the court generally has to confirm their authority by issuing a grant, and that process is where families find out what the estate really involves.

Probate in British Columbia, step by step

  1. Get a wills search certificate from the Vital Statistics Agency, to file with the application.
  2. Deliver notice of the proposed application, with a copy of the will, to the executors, the beneficiaries and everyone who would inherit if there were no will. The Public Guardian and Trustee is notified where a minor or an incapable adult is involved.
  3. Wait at least 21 days.
  4. File at the Supreme Court registry with a sworn statement of the estate's assets and liabilities, and pay the probate fee. The registry currently takes three to six months to review the application and issue the grant; in exceptional circumstances an expedited application can be made.
  5. Once the grant issues, collect the assets, pay the debts and file the tax returns.
  6. Hold the distribution for 210 days after the grant unless the beneficiaries consent or the court allows it, because a spouse or child has 180 days to claim a variation of the will.
  7. Obtain a Canada Revenue Agency clearance certificate, account to the beneficiaries, and distribute.

A home in the deceased's sole name generally cannot be sold or transferred until the grant issues. See real estate for how we handle the transfer or sale.

What probate costs

The probate fee is set by the Probate Fee Act. It is calculated on the estate's assets in British Columbia (and, for someone who lived here, their intangible assets anywhere), less mortgages registered against BC property. Nothing is payable on the first $25,000. Above that, the fee is $6 per $1,000 up to $50,000 and $14 per $1,000 beyond, and a $200 filing fee applies. An estate worth $500,000 pays $6,450 plus the filing fee; the usual rule of thumb of 1.4% overstates it.

Assets held in joint tenancy, and RRSPs, RRIFs, TFSAs and life insurance with a named beneficiary, generally pass outside the estate and outside the fee. One exception catches many families: when a parent adds an adult child to an account or a title without payment, the law presumes the child holds it for the estate unless the evidence shows a gift.

Legal fees are separate from the probate fee. For most straightforward probate applications we can fix our fee, and we explain how it is calculated from the outset.

When there is no will

Without a will, or where no named executor can act, the court grants administration instead, in an order of priority the Wills, Estates and Succession Act sets: the spouse first, then a child with the support of most of the children, then other relatives. The estate is divided by the Act's intestacy rules, which wills and estate planning explains. A bond is not usually required, though the court can order one, particularly where a minor or an incapable adult has an interest.

Executors and estates outside British Columbia

A grant issued in another Canadian province or territory, a Commonwealth country, a US state or Hong Kong can usually be resealed here instead of starting again. A grant from anywhere else needs a separate BC grant, called an ancillary grant. Executors who live abroad can act, but notice, sworn documents and banking are slower at a distance. We handle the entire British Columbia side of the application, whether for probate or a reseal.

When an estate is disputed

A spouse or child can ask the court to vary a will that does not make adequate provision for their proper maintenance and support. The claim must be started within 180 days of the grant and served on the executor within 30 days after that, and these deadlines are strict.

A will can also be challenged as invalid: for improper signing or witnessing, lack of capacity, or undue influence. Equally, the court can give effect to a document that misses the formal rules if it records the deceased's fixed and final intentions. A notice of dispute filed at the registry stops a grant from issuing, so anyone considering a challenge should get advice early.

We act for executors, for beneficiaries, and for spouses and children who have been left out. When a dispute goes to court, our litigation team runs the case; where it overlaps with a separation, see family law.

Call us at 604-259-2844 or email us on info@equitylawgroup.ca for further information.

Frequently asked questions

How much are probate fees in British Columbia?

Nothing on an estate of $25,000 or less. Above that, $6 per $1,000 of value from $25,000 to $50,000 and $14 per $1,000 above $50,000, plus a $200 filing fee. A $500,000 estate pays $6,450. Our legal fee is separate, and for most straightforward applications we can fix it in advance.

How long does probate take?

The 21-day notice period is only the start. After filing, the registry currently takes three to six months to issue the grant, and an expedited application is possible only in exceptional circumstances. The executor then generally must not distribute for 210 days, so even a simple estate usually takes about a year. A property sale or a dispute adds more.

Do I need probate if there is a will?

Often. Banks, investment firms and the Land Title Office usually want a grant before releasing or transferring assets in the deceased's sole name. Jointly held assets, and those with a named beneficiary, generally pass without one.

What is the difference between probate and letters of administration?

A grant of probate confirms the executor a will names. A grant of administration appoints someone when there is no will, or when no named executor can act. Both carry the same authority over the estate.

Can an executor who lives outside British Columbia act?

Yes. An executor anywhere can apply for a BC grant. Notice, sworn documents and BC institutions take longer at a distance, so we handle the entire British Columbia side of the application, for probate or a reseal.

I was left out of a will. What can I do?

If you were the deceased's spouse or child, you may be able to ask the court to vary the will, starting within 180 days of the grant. Others may be able to challenge the will's validity. The deadlines are strict, so get advice promptly.

Is an executor paid for the work?

An executor may claim fair and reasonable pay under the Trustee Act, capped at 5% of the estate's gross value, plus an annual care and management fee of up to 0.4% of the assets' average value. In practice a straightforward estate usually attracts 3% to 4%, and a more complex one more. A will can set other terms, and beneficiaries can object.

Does the executor have to deal with the deceased's taxes?

Yes. The executor files the final return and any estate returns, then should get a Canada Revenue Agency clearance certificate before the final distribution. Without one, they can be personally liable for unpaid tax up to what they distributed.