Probating a Will

Most people have heard the term "probate" before, but may not have a clear understanding as to what probating a will entails.

When a will maker dies with a will and the estate owns assets that require probate in order to be transferred, an order of the court must be obtained. This order is commonly referred to as a "Grant of Probate".

In British Columbia, the Supreme Court of British Columbia has the jurisdiction to make the Grant.

The Grant is a one page document confirming that the will is valid and acknowledging the appointment of the Executor. A copy of the will is attached to, and forms part of, the Grant.

The Grant may be used to transfer assets from the deceased’s name into the Executor's name, as Executor of the will.

The process of obtaining the Grant includes various steps that must be completed, which include notice to beneficiaries and intestate successors, the listing and valuation of assets and the completion of a wills search through the Division of Vital Statistics. This information is compiled and is provided to the court by way of prescribed court forms, which must be strictly adhered to.

How Long Does It Take?

How long it takes to obtain a Grant of Probate after the date of death is dependent on many factors, but generally speaking, in a routine estate, an executor that proceeds promptly with obtaining information and taking the steps necessary to obtain the Grant, should have obtained the Grant within 4-6 months from the date of death.