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Probate Applications

Not all wills are subject to Probate. Probate is a court process that validates the will and gives the Executor legal authority to deal with the Estate. An institution (such as the Land Title Office or a financial institution) would ask for a will to be Probated.

A Probate Application involves the following steps:

  1. Do a search to find the original last known will and testament and verify that you are the Executor of the will. Only the Executor named in the will can carry out the instructions of the deceased will-maker. Check places such as the safety deposit box, a safe at home or even the freezer.
  1. Check with the BC Vital Statistics Agency, which will prepare a Certificate of Wills Search that lists all known wills, with the date and registered location. The court will be checking to see if the will being submitted for Probate is the last known will.
  1. Notify the Beneficiaries named in the Will and the intestate Beneficiaries of the Executor’s intention to apply for a grant of Probate. A copy of the Will is also sent to these individuals or charities. An intestate Beneficiary is one who would have inherited had the deceased died without a will. There is legislation that outlines the scheme of inheritance if the deceased did not have a will or if the Will does not dispose of the entire Estate.
  1. There are a variety of prescribed forms and affidavits that need to be sworn. These, along with the Certificate of Wills Search and the original will, are submitted to the BC Supreme Court. The affidavits including listing the assets of the deceased that are passing through the will. A filing fee will need to be paid.
  1. The court will review the documents and request any additional information or schedule a hearing for any issues that need to be litigated. Once everything is finalized, Probate fees are paid and the court will issue a Grant of Letters Probate naming the legal executor. Relatives of the deceased have six months from the date the grant is issued to submit any claims or objections to the will. The court keeps the original will and issues a copy attached to the Probate grant.

You will be asked to provide two pieces of identification, one of which must be government-issued such as a Driver’s Licence, BC Identification, Passport or Permanent Resident Card. It is critical that the names must match on the identification AND your documents. Please call prior to your appointment if this is not the case. Note: a combined Drivers’ Licence and Medical card only count as one piece of identification.

Don’t navigate these important decisions alone. Trust our team to assist you.

Talk to us at dks Legal & Notary Services by calling 604.531.2611 or Click here to schedule a consultation with our team.

At dks Legal & Notary Services, we are a support team that works with individuals, businesses, and families to navigate varying legal and notarial matters, making sure everything is done right the first time.

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