BC Probate Checklist: A Guide for Executors in British Columbia

Probate in British Columbia runs on a few fixed numbers: a 21-day notice before you apply, a fee based on the estate's gross value, and waiting periods measured from the grant. This BC probate checklist explains who the executor is, whether you need a grant, the statutory deadlines and the usual order of the work.

Executor or administrator: who acts in BC

Under the Wills, Estates and Succession Act (WESA), the executor named in a will and the administrator appointed by the court are both personal representatives. An administrator, usually a next of kin, is appointed when there is no will or the named executor cannot or will not act.

The court document is a representation grant from the Supreme Court of British Columbia probate registry. It may be a grant of probate, a grant of administration, or a grant of administration with will annexed where a will exists but the executor cannot act. With it, you administer and distribute the estate, pay debts, file the deceased's tax returns and account to beneficiaries and creditors.

Route check: is a grant needed?

Property held jointly with right of survivorship, and assets with a named beneficiary such as life insurance, pass outside the estate. If an institution agrees to release an asset without a grant, you can deal with it directly.

A grant is usually needed when a bank, another institution or the Land Title Office requires one before releasing or transferring assets. In that case:

• With a will, the executor delivers notice, then files the application package with the original will at the probate registry.
• Without a will, the applicant seeks a grant of administration, and notice also goes to creditors owed $10,000 or more.

Deadlines in a BC estate

A creditor who misses the s. 146 deadline is forever barred.

Your BC probate checklist, in order

1. Secure the home, vehicles and valuables and keep insurance in place.
2. Find the original will and get a wills search. The application needs two copies of a certificate of wills search from BC Vital Statistics.
3. Notify agencies and creditors, including Service Canada, the CRA, ICBC and Health Insurance BC.
4. List who must receive the P1 notice: executors and alternates, named beneficiaries, the spouse and children, anyone who would inherit without a will, and the Public Guardian and Trustee if a minor or mentally incapable adult is involved.
5. Deliver the P1 notice and wait at least 21 days.
6. Prepare the package: the P2 submission, the applicant's affidavit (P3 or P4 with a will, P5 or P6 without), P9 affidavits of delivery and the P10 or P11 affidavit of assets and liabilities. Some must be sworn before a lawyer, notary public or commissioner.
7. File and pay the probate fee before the grant issues.
8. Administer the estate. Collect assets, deal with BC real property through the Land Title and Survey Authority, pay debts and file tax returns.
9. Get a CRA clearance certificate with Form TX19 before final distribution.
10. Distribute after 210 days, unless everyone required consents or the court orders otherwise. If a minor's share has no trust or trustee, it is paid to the Public Guardian and Trustee in trust for the minor.

Probate fee and taxes

The BC probate fee is based on the gross value shown in the Statement of Assets, Liabilities and Distribution: BC real and tangible personal property, plus intangible property anywhere if the deceased ordinarily lived in BC, that passes to the personal representative.

Assets found after the grant need a new affidavit and any extra fee. The registry filing fee is separate; check the current schedule. Canada has no federal estate or inheritance tax, but the final T1 return taxes income to the date of death.

When to get professional help

A lawyer is not legally required to apply for a grant. Advice is advisable with a wills variation claim, a disputed will, a minor or incapable beneficiary, or a complex or insolvent estate.

The Steady Executor British Columbia kit brings these steps into five files: a user guide with the process, deadlines and a final checklist; an Excel executor workbook that calculates the legal deadlines from your dates and tracks assets, debts, the estate account and distributions; financial letters for banks or credit unions, insurers, plan providers and creditors; services and agencies letters for utilities, landlords, employers and government organizations; and beneficiary letters with a receipt form.

Sources

• Wills, Estates and Succession Act, SBC 2009, c. 13 (BC Laws)
• Probate Fee Act, SBC 1999, c. 4 (BC Laws)
• Probating the Will (Clicklaw Wikibooks)
• I Am the Executor or Administrator of an Estate (Clicklaw)
• Public Guardian and Trustee of BC
• Filing and payment due dates for a deceased person (CRA)
• Clearance certificate (CRA)