How do I apply for probate?
Probate is a legal process that confirms a will is valid and that an executor has the right to carry out the wishes in it. The probate process includes submitting certain forms and the will to the probate registry of the Supreme Court of BC.
If there is no will, or if the executor in the will can’t perform their duties, the process is called administration. For more information about this, see People’s Law School’s Applying for a Grant of Administration.
If everything the person owned (their estate) is under $25,000, you usually don’t need to apply for probate, unless there is a dispute or a bank or some other organization requires it.
Some things can be passed down without requiring probate, like jointly owned property or bank accounts. It’s a good idea to get legal advice from a lawyer if you’re not sure if you need to probate a will.
Probate rules
The Supreme Court Civil Rules on probate and estate administration were updated to match changes in the new BC Wills, Estates and Succession Act (WESA) and to simplify the application process.
Court rules about probate are under Supreme Court Civil Rules — Part 25 — Estates.
Probate forms
The probate forms can be found online. If you’re using your own device, you need the latest version of Adobe Reader installed. You also need to configure your browser to download PDFs rather than opening them in a browser tab. To do this, see Supreme Court Civil Rules — Probate Forms and read the section on compatibility.
You can also visit a courthouse library to use a computer for free. See Courthouse Libraries BC for locations and hours.
For a typical probate application, you need the following. (When you click on the links, your computer will download the PDF automatically.)
- Form P1 (PDF) — Notice of Proposed Application
- Form P2 (PDF) — Submission for Estate Grant
- Form P3 or Form P4 (PDF) — Affidavit of Applicant for Grant of Probate. Use P4 if you think there will be issues with the will.
- Form P9 (PDF) — Affidavits of delivery that confirm that the notice of the application (Form P1 above) was delivered to everyone who needs to be notified. You’ll need to attach another copy of the Form P1 that was delivered.
- Form P10 or Form P11 (PDF) — Affidavit of Assets and Liabilities from the Applicant. Use Form P11 if the person didn’t live in BC when they died but had some assets in BC. The book Guide to Wills and Estates (available at a Courthouse Library branch) has more information.
- The originally signed version of the will, or if it’s lost, a copy of the will
- Two copies of a certificate of wills notice search, which you get by submitting an Application for Search of Wills Notice (PDF) to the Vital Statistics Agency
- Payment of probate fees
You may need other forms for non-standard situations such as not being able to locate a beneficiary or the executor giving up their role. The full set of probate forms is on the Government of British Columbia website.
Helpful resources
- Dealing with an Estate (People’s Law School): This has guides on probating a will and filling out probate or administration forms.
- BC Probate and Estate Administration Practice Manual (Continuing Legal Education Society of British Columbia): This detailed manual is available on computers at Courthouse Libraries across BC, and in hard copy at some branches.
Helpful services
- Courthouse Libraries BC: We are a network of libraries in BC courthouses where you can access public computers, books and other print materials, and legal databases. Reach us at 1-800-665-2570 or email librarian@courthouselibrary.ca.
- Lawyer Referral Service (Access Pro Bono): This service offers a free, brief initial consultation with a lawyer to determine your legal needs. If you’d like further help from your lawyer, you can retain them at a rate you both agree to.
- Find more services.