Do I Need Probate in BC?
Do I Need Probate in BC? Costs, When It’s Required, and What to Do Next
Fact-checked by Wills and Probate Lawyer Tim Louis
Probate is the court’s way of confirming who can manage a loved one’s estate. Whether you need it depends on the assets, how they’re owned, and what financial institutions or the Land Title Office require.
What Probate Is (and Isn’t)
When someone dies, the court may be asked to confirm two things: that the Will is valid and that the right person has authority to act. In British Columbia this happens in the Supreme Court of BC. The court issues an estate grant, which is the formal document financial institutions and the Land Title Office look for.
If there is a Will, the grant confirms the Will and names the executor who can collect assets, pay debts, and distribute the estate. If there is no Will, the court can issue a grant of administration to the person with priority under the law, usually a close family member. Both grants give clear, written authority that third parties can rely on.
Probate does not decide who gets what beyond the Will and the law. It does not settle every family question or prevent someone from later challenging a will. It is, at its heart, proof. Proof for a bank that needs comfort before releasing funds. Proof for the Land Title Office before it will change the name on a home. Proof for anyone who needs to know that you are the person legally allowed to act.
If you are unsure whether probate is needed in your situation, we can look at the assets with you, explain what each institution will expect, and help you take the next step with confidence.
The “Do I Need Probate?” Decision Path
Every estate is different. Use this simple path to check each asset and see what the court, financial institutions, and the Land Title Office will expect.
Step 1: List the assets.
Write down every asset and how it is owned: real property, bank and investment accounts, registered plans, life insurance, vehicles, and company shares.
Step 2: Check real property (land or a home).
- Sole ownership or tenants in common: You will need a grant of probate to transfer title at the Land Title Office.
- True joint tenancy with right of survivorship: That property usually passes to the survivor without probate. Keep the death certificate and confirm the title is truly joint.
- If there is any doubt about ownership, plan for probate to avoid delays.
Step 3: Check bank and investment accounts.
- If an institution says it requires a court grant, probate will be needed even for modest balances. Many financial institutions have internal thresholds.
- Registered plans and life insurance with named beneficiaries usually pay directly to the beneficiary and do not form part of the probated estate.
- Non-registered accounts held only in the deceased’s name often require probate before release.
Step 4: Consider small estates.
- If the estate is very small, roughly under $25,000, some institutions may release funds without a grant, especially with an indemnity. This is a policy choice, not a right. If a bank or other party insists on a grant, probate will still be required.
Step 5: If there is no Will (intestacy).
- You may still need a court order. The court can appoint a family member as administrator through a grant of administration so they have authority to deal with assets.
Step 6: If there is an out-of-province grant.
- When a Will has already been probated elsewhere and there are assets in BC, the Supreme Court of BC can reseal the foreign grant so it has effect here.
Bottom line: If any asset holder asks for a grant, or if there is land in the deceased’s sole name, plan for probate. If you are unsure, bring us the asset list and we will tell you what each institution is likely to require and how to move forward without missteps.
When probate is not usually needed
Some estates can be settled without a court grant. The key is how each asset is owned and who is named on it.
- True joint tenancy with right of survivorship.
A home or account that is truly joint usually passes to the surviving joint owner. Keep the death certificate, confirm the title or account is joint, and ask the holder what paperwork they need. If the ownership is tenants in common, probate is usually required. - Assets with a named beneficiary.
RRSPs, RRIFs, TFSAs, and life insurance that name a living beneficiary are normally paid directly to that person, not to the estate. Ask the institution to confirm the beneficiary on file and what claim forms they require. - Very small balances.
Some financial institutions will release small amounts without a grant if the executor or next of kin signs an indemnity. This is a policy choice by the institution, not a legal right. If a bank, insurer, or the Land Title Office asks for a grant, probate will still be needed for that asset.
If you are unsure, make a simple list of assets and we will review it with you. A short call can prevent weeks of back and forth with financial institutions.
Costs: BC probate fees, with examples
BC probate fees are set by the Probate Fee Act. They are based on the value of the estate that is disclosed to the court. Assets that pass outside the estate, such as a TFSA with a named beneficiary or a home that passes by true joint tenancy, are usually not included in that value.
Statutory rates
- $0 to $25,000 in estate value: no probate fee
- Portion between $25,000 and $50,000: 0.6 percent
- Portion over $50,000: 1.4 percent
- Plus a court filing fee and document copy fees
Worked examples
Estate value | Fee on first $25,000 | Fee on $25,000 to $50,000 | Fee on amount over $50,000 | Total probate fee |
$100,000 | $0 | $150 | $700 | $850 |
$500,000 | $0 | $150 | $6,300 | $6,450 |
$1,000,000 | $0 | $150 | $13,300 | $13,450 |
Notes:
- These figures show the probate fee only. The court also charges a filing fee and small copy fees.
- If an asset passes outside the estate, it is usually not counted in the value used for the fee.
Official forms
You can find the Supreme Court probate forms on the BC Government court forms index. Look for the forms that start with “P” for probate:
https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms
If you would like help calculating the fee for your situation, or want us to handle the forms and filings, contact Tim Louis & Company for a free consultation: (604) 732-7678, [email protected], or https://willsandprobatelawyer.ca/contact/.
Timelines and what the court expects
Probate moves at the speed of careful paperwork. Before you file, the court expects the right notices to go to the right people. In most estates you must serve a Notice of Proposed Application in Relation to Estate on beneficiaries and anyone else the law requires, then wait the required days before submitting your materials. After that, you file the “P” forms and supporting affidavits with the Supreme Court of BC.
How long does the court take? It depends on the registry, the season, and the complexity of the estate. Simple, complete filings are often reviewed in a few weeks. More complex estates, missing documents, or questions from a registrar can add months. Accuracy matters more than speed. A small error can trigger a requisition for corrections and reset the clock.
If you want to see the official list of probate forms, the BC Government keeps them here:
https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms
(Look for the forms that start with P.)
If you would like us to prepare the notices and the filing package, we can handle the steps for you and keep the process moving. A short call will tell you exactly what information we need to begin.
Common scenarios
Scenario 1: Home in the deceased’s sole name plus a mid-sized chequing account
You will almost always need probate for the house so the Land Title Office can transfer it to the executor or to the beneficiaries. The bank will likely ask for a grant before releasing funds in the account, even if the balance is modest. We can prepare the notices and filings and speak with the bank, so funds are available for bills and taxes.
Scenario 2: Joint home and a life insurance policy with the spouse named as beneficiary
The joint home usually passes to the surviving owner by right of survivorship and life insurance with a living beneficiary is normally paid outside the estate. Probate may not be needed for those assets. Still, check for any sole-name accounts, vehicles, or investments that might require a grant. Bring us the asset list and we will confirm what each holder will expect.
Scenario 3: No will, and an adult child needs access to funds for funeral costs
Without a will, the court can appoint an administrator to act. Some institutions will release small balances at their discretion for funeral expenses, but that is a policy choice, not guaranteed. If funds are needed quickly, we can apply for a grant of administration and guide you through what to provide.
Not sure which path fits your family? Call Tim Louis & Company for a free consultation. We will review your assets, tell you what the court and financial institutions will require, and help you take the next step with confidence.
📞 (604) 732-7678 📧 [email protected] 🌐 https://willsandprobatelawyer.ca/contact/
Risks if you skip probate when it is needed
Probate is the proof that lets others rely on your authority. Skipping it when a grant is required can create real problems.
- Real estate stalls.
The Land Title Office will not transfer a home that was in the deceased’s sole name without a court grant. That means no sale, no refinancing, and often trouble renewing insurance. Completion dates can be missed and buyers can walk away. - Bank and investment accounts stay frozen.
Most institutions will not release funds without a grant. If an executor pays out money without proper authority, they can be personally responsible for repaying it, together with interest. - Taxes and debts become risky.
Without a grant and proper notices, it is easy to miss a debt or pay beneficiaries before confirming the Canada Revenue Agency position. Executors can be sued if creditors or CRA are left unpaid. - Family disputes grow.
A grant creates a clear record and timeline for any wills-variation or validity concerns. Without it, arguments about who is in charge and what comes next tend to escalate and take longer to resolve. - Professional gatekeepers say no.
Realtors, notaries, and registries usually require a grant before they will proceed. Trying to work around the system costs time and money.
If you are unsure whether a grant is required, bring us the asset list. We will tell you exactly what each bank and the Land Title Office will expect so you can avoid delay and liability.
How we help (Tim Louis & Company)
We make a difficult time easier by handling the legal steps and the conversations that slow families down.
- Plain-English review.
We look at your assets one by one and tell you which ones need a grant, which ones do not, and why. You will know the timeline, fees, and documents we need to start. - Forms and filings.
We prepare the Notice of Proposed Application, complete the “P” forms, draft affidavits, calculate probate fees, and file with the Supreme Court of BC. If a registrar asks questions, we respond. - Financial institutions and beneficiaries.
We deal with account managers, provide the paperwork they require, and keep beneficiaries informed so the process is transparent and respectful. - Land Title work.
We file the transmission to the personal representative and handle the transfer to beneficiaries when it is time. - Strategy when things are delicate.
If there is a potential wills-variation claim, a concern about capacity, or a disputed gift, we plan ahead to protect the estate and reduce conflict.
Free consultation.
Call us and we will explain your options in clear terms and quote the next steps.
Tim Louis & Company
📞 (604) 732-7678
📧 [email protected]
🌐 https://willsandprobatelawyer.ca/contact/
English and Spanish available.
FAQ
Do all wills in BC need probate?
No. You need a grant when an asset holder such as a bank or the Land Title Office requires court proof of the Will and executor.
Do joint accounts and joint title avoid probate?
Often yes for that asset if it is true joint tenancy with right of survivorship. You may still need probate for any assets held in the deceased’s sole name.
How much are probate fees in BC?
Can I avoid probate with beneficiaries on RRSP or insurance?
How long does probate take?
Further Reading and Forms
Province of BC — Probating a Will
Plain-language overview of when probate is needed in British Columbia and what the process involves.
https://www2.gov.bc.ca/gov/content/justice/courthouse-services/wills-estates/probate
Supreme Court of BC — Probate Forms (the “P” forms)
Official court forms and instructions for probate and administration applications.
https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms
BC Laws — Wills, Estates and Succession Act (WESA)
The legislation that governs wills, estate grants, resealing, and intestacy in BC.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01
Further Reading from Tim Louis & Company
Probate Lawyer — Vancouver
What probate is, when it’s required in BC, steps, timelines, and how we help families move forward.
https://timlouislaw.com/probate-lawyer-vancouver/
Estate Lawyer — Vancouver
Estate administration in plain language: duties of an executor, notices, taxes, and practical next steps.
https://timlouislaw.com/estate-lawyer-vancouver/
Wills Variation Lawyer
If a Will does not make fair provision for a spouse or child, learn how a variation claim works in BC.
https://timlouislaw.com/wills-variation-lawyer/
Intestacy in BC
What happens when there is no will, who can apply to administer the estate, and how assets are shared.
https://timlouislaw.com/intestacy/
Estate Litigation and Undue Influence
How we approach contested wills, capacity concerns, and disputes that can delay probate.
https://timlouislaw.com/estate-litigation-and-undue-influence/
Mental Capacity and Estate Litigation
Guidance on capacity issues, medical evidence, and protecting vulnerable family members during estate matters.
https://timlouislaw.com/mental-capacity-and-estate-litigation-services-by-tim-louis/
Probate Pitfalls in BC
Common mistakes that slow grants and how to avoid them.
https://willsandprobatelawyer.ca/probate-pitfalls-in-bc/
What Happens When You Die Without a Will in BC
Clear overview of intestacy rules and the process to get authority.
https://willsandprobatelawyer.ca/what-happens-when-you-die-without-a-will-in-bc/
Talk to Tim — Free consultation
Have questions about probate in BC? Let’s talk through your situation and map your next step in plain language.
Call: (604) 732-7678
Email: [email protected]
Contact form: https://willsandprobatelawyer.ca/contact/
We’ll listen, review your options, and help you move forward with confidence.
English and Spanish available.
Consulta gratuita. Atendemos en español.
About – Tim Louis, LLB
Tim Louis is a Vancouver-based lawyer with over 40 years of experience in personal injury, long-term disability, employment law, wills and estate planning, probate, and estate litigation. A graduate of the University of British Columbia’s Faculty of Law, Tim is known for his client-first approach, honest communication, and record of success in helping British Columbians navigate complex legal issues.
Location: Vancouver, BC
Education: LLB, University of British Columbia
Phone: (604) 732-7678
Email: [email protected]
Website: www.timlouislaw.com
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Our probate and will-dispute guides are routinely reviewed and updated to reflect changes in British Columbia law and court practice. The goal is to give families, beneficiaries, and executors clear, practical next steps they can trust.
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👤 Reviewed by: Tim Louis, Estate Litigation & Probate Lawyer – Vancouver, BC
✅ Legal Area: BC Probate, Wills, and Estate Disputes
📍 Serving: Families and executors across British Columbia