Do all estates in British Columbia require probate?

No. Estates in British Columbia require probate when assets are held solely in the deceased’s name or when third parties, such as banks or the Land Title Office, ask for a court grant. Joint assets with a right of survivorship and accounts with named beneficiaries usually do not require probate.

What is a grant of administration?

A grant of administration is a court order issued when a person dies without a will or when the named executor cannot act. It gives an administrator legal authority to manage and distribute the estate under British Columbia’s Wills, Estates and Succession Act.

How long does estate administration take in British Columbia?

Most estates take several months to administer. British Columbia law includes a 210‑day waiting period after a grant of probate or administration to allow time for wills variation claims. Additional time is often required to gather assets, pay debts, and prepare tax filings.

What is a wills variation claim?

A wills variation claim is a court action brought by a spouse or child who believes a will did not provide adequate, just, or equitable support. These claims are governed by the Wills, Estates and Succession Act and must be filed within 180 days of probate being granted.

Can an executor be removed?

Yes. An executor may be removed if they fail to act, act improperly, or cannot fulfil their duties. The Supreme Court of British Columbia can replace an executor when the estate’s best interests require it.

Do beneficiaries have rights during estate administration?

Yes. Beneficiaries have the right to information about the estate, including financial accounting, and the right to receive their gifts once debts and taxes are paid. They may also challenge improper conduct by an executor or administrator.

What happens when someone dies without a will in British Columbia?

When a person dies without a will, the estate is distributed under British Columbia’s intestacy rules. A family member must apply for a grant of administration to manage the estate and distribute the assets according to those rules.

Probate Lawyers Kamloops BC | Estate Administration

Kamloops Probate & Estate Administration Lawyers

Guiding executors and families through the legal steps after a death in British Columbia

Losing a loved one is difficult. Acting as an executor or administrator can add significant legal, financial, and administrative responsibilities at a time when families are already dealing with grief.

AuBuchon Law assists executors, administrators, beneficiaries, and family members throughout the probate and estate administration process in British Columbia. Whether an estate requires a Grant of Probate, a Grant of Administration, assistance transferring assets, or guidance on executor duties, we provide clear advice and practical solutions to help move the estate forward.

Based in Kamloops, we assist clients throughout British Columbia.

Probate and Estate Administration Services

Grant of Probate Applications

If the deceased person left a valid will and an executor is willing and able to act, the executor will often require a Grant of Probate before banks, financial institutions, land title offices, and other organizations will release estate assets.

We assist with:

Preparing probate applications
Executor advice and guidance
Probate notices
Court filings
Responding to probate requisitions
Ancillary grants and resealing applications

Grant of Administration Applications

When a person dies without a will, or when the named executor cannot act, a court application is typically required to appoint an administrator.

We assist clients with:

Intestate estate applications
Administration with Will Annexed
Determining who has priority to apply
Notice requirements
Estate distribution issues

Advice for Executors and Administrators

Serving as a personal representative creates important legal duties. Executors and administrators can be personally responsible for mistakes made during the administration process.

We regularly advise executors regarding:

Estate assets and liabilities
Notices to beneficiaries
Creditor claims
Tax obligations
Estate distributions
Executor compensation
Estate accounting requirements

Obtaining legal advice early can help avoid unnecessary delays, disputes, and personal liability.

Estate Property Transfers and Sales

Many estates include real estate that must be transferred, sold, or administered before distribution.

We assist with:

Transmission applications
Property transfers to beneficiaries
Estate property sales
Clearing title issues
Coordination with realtors and financial institutions

Estate Accounting and Passing of Accounts

Executors are required to maintain accurate records throughout the administration process and account to beneficiaries for all transactions involving the estate.

We assist with:

Estate account preparation
Informal accounting approvals
Releases
Passing of accounts applications
Executor compensation claims

Estate Disputes

Estate administration does not always proceed smoothly. Disputes may arise between executors, beneficiaries, family members, or creditors.

Our firm assists with:

Executor and trustee disputes
Beneficiary concerns regarding estate administration
Estate accounting disputes
Challenges to executor compensation
Applications concerning the administration of estates

Why Clients Choose AuBuchon Law

Estate administration involves more than preparing probate documents. Executors are often responsible for managing significant assets, dealing with family concerns, responding to creditors, and ensuring compliance with legal and tax obligations.

Our approach is to provide:

Practical and understandable legal advice
Responsive communication
Efficient handling of probate applications
Guidance throughout the entire administration process
Representation when disputes arise

Whether you need assistance with a straightforward probate application or a complex estate administration matter, we can help.

Related To

Related Services

Probate applications
Grants of administration (with or without a will
Intestate estates
Executor support
Beneficiary advocacy
Removing or replacing an executor or administrator
Estate litigation and disputes
Wills variation claims under WESA

Need Help With Probate or Estate Administration in British Columbia?

Whether you are an executor, a family member, or someone facing a complex or disputed estate, you do not have to navigate this process alone. Estate administration in BC can be technical, time‑sensitive, and emotionally draining — especially when you are still grieving.

I help clients throughout Kamloops and the surrounding region with:

Probate applications
Grants of administration (with or without a will)
Intestate estates
Executor and administrator guidance
Estate disputes and wills variation claims
Beneficiary rights and concerns

If you are unsure what steps to take next, I can walk you through your options and help you avoid common pitfalls that lead to delays, liability, or conflict.

Common Probate and Estate Questions

Do all estates require probate?

Not necessarily. Whether probate is required depends on the nature and value of the assets and the requirements of the institutions holding those assets.

How long does probate take in British Columbia?

The timing varies depending on the complexity of the estate and court processing times. Additional issues such as missing information, disputes, or requisitions may increase the timeline. You should assume that that process will take at least six months but it is common for the process to take more than a year.

What is probate?

Probate is a legal process that validates a will and allows for the orderly distribution of assets according to the deceased person’s wishes.

What happens if someone in BC dies without a will?

When a person dies without a will in British Columbia, their estate is typically administered according to the laws of intestacy, which are outlined in the British Columbia Wills, Estates and Succession Act (WESA). The process and distribution of assets in such cases are determined by these intestacy laws. WESA sets out who may apply for the grant of administration and how the estate is to be distributed.

What are probate fees?

Probate fees are payable by an estate on the value of the assets it contains. They are calculated as follows:

No fee for the first $25,000 of estate assets;
$6 for every $1 000 or part of $1 000 by which the value of the estate exceeds $25 000 but is not more than $50 000; and
$14 for every $1 000 or part of $1 000 by which the value of the estate exceeds $50 000.

How long does an executor have to settle an estate in BC?

In British Columbia, the executor has one year to determine the assets of the estate, apply for probate and settle the estate. This is often called the “executor’s year”, and the executor cannot be required to distribute the estate before this time has elapsed. In practice, there may be numerous factors that result in the estate taking significantly longer to administer, including processing speed of the court registry, time to sell property, issues winding up businesses, tax issues, litigation and other issues.

What are the inheritance laws in BC?

The BC laws governing probate and estate administration are contained within the Wills, Estates and Succession Act (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01), and Part 25 of the Supreme Court Civil Rules (https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_03_1#part25)

How do I avoid probate in BC?

Some ways to avoid or reduce probate in British Columbia are:

Give things away before you die. If you know you will not need an asset during your lifetime, you can give it away before you die.
Transfer property to joint ownership. This should be used with caution and after receiving legal advice from an experienced estate lawyer.
Use beneficiary designations on investments. Just be aware of the potential tax consequences to your estate.
Transfer your assets to a trust, such as an alter ego trust, which allows you to use its assets during your lifetime and transfers what remains to your beneficiaries after your death.

Who gets paid first from an estate in BC?

Creditors of the estate are paid before beneficiaries receive their inheritance. After the debts are paid, specific gifts (gifts of specific amounts or items) are paid to beneficiaries. Whatever is left over after is paid to the residual beneficiaries.

If an estate does not have to pay all of its debts, then section 170 of the Wills, Estates and Succession Act establishes the order in which people must be paid.

Do beneficiaries receive a copy of the will in BC?

An executor or administrator of an estate is required to provide a copy of the will to each beneficiary with a Form P1 Notice, which advises beneficiaries of some of their rights in relation to the estate.

A formal reading of the will is not required in British Columbia, and the will and P1 Notice is usually delivered by mail or email.

Is there an inheritance tax in BC?

No, however, there are probate fees. The probate fees are established by the Probate Fee Act and are calculated as:

$6 for every $1 000 or part of $1 000 by which the value of the estate exceeds $25 000 but is not more than $50 000, plus;
$14 for every $1 000 or part of $1 000 by which the value of the estate exceeds $50 000.

Probate fees are paid by the executor or administrator of the estate and beneficiaries do not have remit anything further.

Money that beneficiaries inherit from an estate is not taxable. However, the compensation an executor receives for administering an estate is.

What is a resealing?

The term “resealing of an estate grant” typically pertains to the process of validating and recognizing a foreign grant of probate or letters of administration in a different jurisdiction. This is a legal procedure that occurs when a person who has assets in one province or country passes away, and they have a grant of probate (or letters of administration) issued in one jurisdiction, but their assets are located in another jurisdiction.

What assets are not subject to probate in BC?

Some common examples of property not subject to probate in British Columbia:

Property held jointly. For real property, this applies to joint tenants but not tenants in common.
Assets with a designated beneficiary, such as a TFSA or RRSP.
Property owned in trust, subject to the terms of the trust.

Cautions & Considerations

This web page is not legal advice and should not be treated as a substitute for consulting an experienced probate and estate lawyer. It’s important to note that the specific procedures and requirements for obtaining a grant of probate in British Columbia may change over time, and the process can be complex, particularly for larger estates or when legal issues arise. Executors often seek the guidance of legal professionals to navigate the probate process effectively and ensure compliance with provincial laws. Always consult with a lawyer to get advice specific to your situation.

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While hiring a lawyer involves legal fees, the benefits often outweigh the costs, especially in complex or high-stakes legal matters.

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Lawyers have extensive training and education in the law, allowing them to provide you with expert legal advice and guidance. They are well-versed in the intricacies of the legal system and can interpret complex laws and regulations.

Kamloops Probate and Estate Lawyers

Probate and Estate Administration Lawyers at AuBuchon Law

Laney Third

Courtney AuBuchon

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Kamloops Probate & Estate Administration Lawyers