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.

Kamloops Estate Lawyer | Probate & Estate Administration

Kamloops Probate & Estate Administration Lawyer

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

Losing a loved one is overwhelming. On top of grief, many families are suddenly faced with legal and financial tasks they’re not prepared for. Our law firm focuses on helping executors, administrators, and beneficiaries navigate the probate and estate administration process in British Columbia—clearly, efficiently, and with the legal support you need at every stage.

Estate Law Services in Kamloops, British Columbia

Estate administration in BC depends on whether the deceased left a valid will and whether there is an executor who can act.

1. Grant of Probate

A Grant of Probate is issued when:

There is a valid will; and
The named executor is willing and able to act.

The court reviews the will under the rules of Wills, Estates and Succession Act (WESA) to confirm its legal validity and confirm the executor’s authority.

2. Grant of Administration With Will Annexed

A Grant of Administration with Will Annexed is issued when:

The deceased left a will, but
The named executor cannot or will not act (e.g., deceased, incapable, renounces, or refuses).

The court appoints someone else — usually a beneficiary — to administer the estate according to the terms of the will.

3. Grant of Administration (Intestate)

A Grant of Administration (intestacy) is required when:

The deceased did not leave a will, or
The will is invalid.

The court appoints an administrator based on the priority rules in WESA.
The estate is then distributed according to BC’s intestacy laws, not family preference.

The Probate and Estate Administration Process in British Columbia

Regardless of whether you need a Grant of Probate or a Grant of Administration, the core steps are similar.

1. Determine Whether a Grant Is Required

Assess the estate details to determine:

Whether probate or administration is needed
Which type of grant applies
How to minimize delays and reduce risk

2. Gather Information and Prepare the Application

This includes:

The will (if any)
Certificate of Death
Valuation of assets and liabilities at the date of death
Contact information for beneficiaries or intestate successors who must be given notice in the correct form
A Will Search; Requires place and date of birth, place and date of death, and all names assets may be held in by the deceased person

We assist with every document required for the application.

3. File the Court Application

The Supreme Court of BC reviews the application and, if satisfied, issues the appropriate grant:

Probate
Administration with will annexed
Administration (intestate)

Once issued, the personal representative (the executor or administrator) can begin acting legally. Typically the court will take several months to process the application. If the court has questions a supplemental affidavit may be required.

4. Administer the Estate

Administration includes:

Securing and valuing all assets
Paying debts
Filing and paying taxes. Once taxes are complete, applying for a Clearance Certificate from the CRA
Publishing a Notice to Creditors with the BC Gazette to limit liability
Managing and/or selling real property
Addressing disputes or wills variation claims
Communicating with beneficiaries

Most estates must wait 210 days from the date probate or administration is granted before distributing, due to potential WESA claims. Distribution is only permitted before that time by court order or, if there is a will, with the consent of all the beneficiaries who have an interest in the estate and all persons who can commence a proceeding to vary the will.

5. Account to Beneficiaries

The personal representative prepares a full accounting showing:

All assets received
All expenses and fees
Taxes paid
How distribution will be carried out
Describing any executors fees sought.

Beneficiaries review and approve the accounting before distribution. If the beneficiaries do not approve the accounting then an application is made to the court to approve it.

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

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 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 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)

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.

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.

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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Kamloops Probate & Estate Administration Lawyer