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Common Questions

I’m applying for probate; where can I find the forms required?

Last reviewed in February 2023 by the Clicklaw Editors.

Courthouse Libraries BC has public access computers that members of the public can use to find probate forms. If you are using your own device instead, you will need to have the latest version of Adobe Reader installed. In addition, you will have to configure your browser. If you need help configuring your browser, go to the BC Gov page for Supreme Court Civil Rules – Probate Forms and read the section on compatibility.

As the executor of a will, you may need to apply for probate in order to distribute the estate. (See "I am the executor of a will and am doing the work myself" for starting points on what is involved in probating a will.) The probate procedure includes submitting special forms and the will to the Probate Registry of the Supreme Court. 

A typical probate application under Supreme Court Civil Rule 25 will include:

  • A notice of proposed application in Form P1.
  • A submission for estate grant in Form P2.
  • An affidavit of the applicant in Form P3 (for a simple estate) or Form P4 (for a complex estate).
  • Affidavit(s) of delivery, in Form P9, that confirm that notice of the application was delivered to all persons to whom notice must be given: attach Notice of Proposed Application in Relation to Estate – Form P1.
  • An affidavit of assets and liabilities from the applicant in Form P10 or Form P11.
  • The originally-signed version of the will, or if the original does not exist, a copy of the will.
  • Two copies of a certificate of wills notice search, which is requested through an Application for Search of Wills Notice Form from the Vital Statistics Agency.
  • Payment of probate fees.

Additional documents are required to deal with issues relating to the will, dispensing with notice, the executor renouncing their executorship, and various unusual applications. The full set of probate forms is on the Ministry of Justice's website. 

For information on probate procedure, see Dealing with an Estate by People's Law School which has guides on probating a will and filling out probate or administration forms. Another excellent resource is the BC Probate and Estate Administration Practice Manual, published by the Continuing Legal Education Society of BC. This manual is available on computers at Courthouse Libraries across BC, and in hard copy at some branches. 
 

Need more help?

  • If you have more questions or need further help, please see the Get Help services that are available via the Courthouse Libraries BC Wills Resources page.
  • Lawyer Referral Service, from Access Pro Bono, offers a free, brief initial consultation with a lawyer to determine your legal needs. If you would like further help from your lawyer, you can retain them at an agreeable rate of charge.
  • Find more help near you on Clicklaw HelpMap.

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tags
estates, probate, probate registry, probating a will, filling out court forms, probate forms