Applying For Probate

In order to be allowed to be the executor of the estate, you must go through the probate process.

Probate essentially means that the will is recognized as genuine and legitimate, and your appointment as executor is recognized by the province. Without proof that the will is valid and that you are the recognized executor, you will not be able to carry out many of your duties. Banks, for example, will need the Certificate of Probate to allow you to transfer money out of the account of the deceased.

Richmond's Fast & Company Law Firm can take you through the probate process, or do it for you.

The Devil Is In The Details

It's important to begin the process as soon as possible, in order to avoid delays. An application for probate is made by filing a number of documents, including:

  • Certificate of a wills notice search
  • Affidavit of the executor
  • The original will and any codicils
  • Any documentation referred to in the will
  • Assessment of the assets belonging to the deceased
  • Affidavit naming everyone who will inherit under the will
  • List of people who could inherit if there was no will

Uncontested probate is usually granted within four to eight weeks, but may take much longer if the estate is complex and there are delays getting all of the necessary documentation. It may also be delayed if there are complications such as separated spouses who may want to claim against the will, or property outside of British Columbia.

In the past Fast & Company has provided exceptional service to an estate client by obtaining a grant of probate within one week of our first meeting in a unique circumstance.

Fees that must be paid for probate include:

  • $200 basic fee for estates worth more than $25,000
  • $6 for every $1,000 of the value of the estate that is above $25,000, but less than $50,000
  • $14 for every $1,000 of the value of the estate that is above $50,000

The $6 and $14 fees apply to "part of" $1,000. If the estate is $26,500 you will pay:

$200 basic fee
$6 x 2 (for $1,500 over $25,000)
= $212

The value of the estate includes the real property and personal property of the deceased in British Columbia. The fees are paid to the province and are not part of legal fees.

Contact Fast & Company Law Firm

Let our dedicated, experienced lawyer and staff handle the probate application for you. Call us at 604-273-6424.