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Wills & Estates > Probate & Estate Administration

Probate & Estate Administration

Losing a loved one is difficult, and dealing with the legal steps that follow can feel overwhelming. Probate and estate administration in British Columbia involve navigating court processes, handling assets, and ensuring the wishes of the deceased are respected. At GBC Law, we guide families and executors through these steps with clarity and compassion.

What is Probate?

Probate is the legal process of confirming that a will is valid and that the executor has authority to act. The court grants “probate” to the executor, allowing them to access the deceased’s bank accounts, sell property, and distribute assets.

When Probate is Required?

Probate is usually required if the deceased owned real estate, significant investments, or when financial institutions demand court confirmation.

When Probate May Not Be Needed

If assets are jointly owned or have designated beneficiaries (like insurance policies, registered accounts and pension plans), probate may not be required for those assets.

Role of the Executor

Executors have legal duties and can be held personally liable if tasks are mishandled. We support and advise executors so they can carry out their role confidently. The executor is responsible for managing the estate, which includes:

  • Locating and securing assets
  • Paying debts and taxes
  • Distributing assets according to the will
  • Reporting to beneficiaries

Estate Administration Without a Will

When someone dies without a will (intestate), BC’s Wills, Estates and Succession Act (WESA) sets out how assets are divided. The court will appoint an administrator to handle the estate. This can add complexity and potential disputes, making legal guidance especially important.

LET'S CHAT

    Frequently Asked Questions

    How long does probate take in BC?
    It can take several months depending on the court’s workload and the complexity of the estate. Simple cases may take 3–6 months, while contested matters can take much longer.
    What happens if the original will cannot be located?

    If the original signed will can’t be found, the law in BC generally assumes the person destroyed it with the intent to revoke it. In that case, the estate may be treated as if there is no will, and assets are distributed according to the intestacy rules under WESA.

    That said, this presumption can be challenged. If a copy of the will exists, or if there’s strong evidence that the deceased didn’t intend to revoke it (for example, witnesses or records showing the will was still valid), the court may accept the copy. To do this, the executor must apply to court and provide supporting evidence.

    Can an executor refuse the role?
    Yes. If you’re named as an executor but don’t want to take on the responsibility, you can renounce the role before starting the process.
    What if I suspect the will is invalid?
    An Alter Ego Trust is a type of trust available to individuals over 65. It allows you to transfer assets into the trust while continuing to benefit from them during your lifetime. On your death, the assets pass directly to beneficiaries without going through probate, which can save time and costs.