Probate, executors & dealing with an estate
Probate is the process of handling an estate after someone dies if that person had a will. The executor follows the will’s instructions for their assets and property. If there isn’t a will, the process is similar, and it’s called administration.
There are extra things to consider in situations such as when a common-law spouse dies, or the estate is on reserve land.
Explore the links below to reliable online guides and tools and to organizations in BC. They have been chosen by librarians at Courthouse Libraries BC.
Selected resources
Click on a topic to see a list of resources.
Being an Executor
A booklet for people who have been appointed as executor in a will. It covers the steps involved in dealing with an estate in British Columbia after a person dies, including how to probate a will. The information is current to March 2019.
Wills Registry
A “wills notice” identifies that a will has been registered and describes the person who made the will, where it’s located, and the date of the will. This website explains how to file one, how to search for one, and when to request one.
Dying Without a Will
Nidus encourages everyone to make a will. However, there are some situations where an individual may be considered not mentally capable to make a will. This fact sheet explains who has legal authority to settle an estate and gives examples of how an estate must be distributed if there is no will.
Dying Without a Will
Practical information for when someone dies without a will. Topics include who inherits the deceased’s property, steps to settling the estate, applying for a grant of administration, and more.
Applying for a Grant of Administration
You need to apply for a grant of administration to deal with an estate if the executor does not want to, or if there was no will. The page explains when to apply, what’s involved, the fees, how long it takes, and what to do if your application is rejected. It provides step-by-step instructions on how to apply (and links to the forms).
Wills Registry
A “wills notice” identifies that a will has been registered and describes the person who made the will, where it’s located, and the date of the will. This website explains how to file one, how to search for one, and when to request one.
Wills & Estates (Q&A)
Questions and answers on wills-and-estates topics. Volunteer legal professionals provide answers to questions from the public relating to wills, dealing with death, settling an estate, and personal planning.
Dial-a-Law: When Your Common-Law Spouse Dies
Explains your rights, and what you’re entitled to, if your common-law spouse dies. It explains the different definitions of “spouse,” and describes what happens if your spouse left a will, or if they died without a will. It explains pension, survivor, and CPP benefits. It also explains custody and guardianship of children.
Estate Administration On-Reserve: A Guide for Executors and Administrators in British Columbia
Guide for people appointed by Indigenous Services Canada as the executor or administrator of the estate of a family member or friend who has passed away.
Estate Administration On-Reserve: Templates Package
Contains generic templates to help with the routine tasks of administering a simple estate under the Indian Act. It’s intended to be used with the booklet “Estate Administration On-Reserve: A Guide for Executors and Administrators in British Columbia.”
Wills and Estates on Reserve
Describes how wills and estates on reserve are different from those off reserve for status Indians who ordinarily lived on reserve at the time of their death.
Dealing with an Estate
Practical, step-by-step information about what you need to know when dealing with an estate. Learn what is involved if you are asked to be an executor, the ten steps to settle an estate, and the steps to take if you need to probate the will.
LSLAP Manual: Wills and Estate Administration
From the manual used by law students handling cases at LSLAP’s legal clinics. Provides a breakdown of common provisions included in wills. Also covers the execution of wills, and the administration and distribution of estates.