TL;DR: A grant of probate is a court order from the Supreme Court of BC confirming a deceased person’s will is valid and giving the executor legal authority to administer the estate.

Definition

A Grant of Probate is a court order issued by the Supreme Court of British Columbia confirming that a deceased person’s Will is valid and that the Executor has authority to administer the estate.

What does a Grant of Probate mean?

When a person dies, financial institutions, the Land Title Office, and other organizations may require proof that the Executor has legal authority to deal with the deceased’s assets. A Grant of Probate provides that proof.

Not every estate requires probate. Whether probate is needed depends on the nature and value of the assets, how those assets are owned, and the requirements of the organizations holding them.

Why does it matter?

A Grant of Probate allows an Executor to carry out their duties, including collecting assets, paying debts and taxes, selling property, and distributing the estate to beneficiaries.

Without probate, some organizations may refuse to release assets or recognize the Executor’s authority.

Example

John dies leaving a Will that appoints his daughter Sarah as Executor.

John’s bank requires proof that Sarah has authority to access his accounts. Sarah applies to the Supreme Court of British Columbia for a Grant of Probate. Once the court issues the Grant of Probate, the bank should release the funds to the estate.

Frequently asked questions

Do I always need a grant of probate?

No. Not every estate requires probate. An Executor may be able to administer an estate without probate, particularly when two or more people own assets jointly when an asset names a designated beneficiary. Review each estate individually.

How long does probate take in BC?

The time required varies depending on the complexity of the estate and the court’s processing times. Many applications take several months from preparation to issuance of the Grant of Probate.

Does probate cost money?

Yes. Probate applications generally involve legal fees, disbursements, and probate fees payable to the Province of British Columbia.

Can an Executor sell a property before receiving a grant of probate?

In many cases, an Executor can list a property for sale before obtaining a grant of probate. However, the Executor may need the Grant of Probate before they can complete the sale and transfer title to the buyer.

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