Being named executor of someone’s estate in British Columbia is an honour — and a significant legal responsibility. Many executors don’t know where to start, how long the process takes, or what happens if they make a mistake.
This checklist walks you through every stage of BC probate and estate administration, from the first 48 hours after a death through to final distribution. It covers both executors (named in a will) and administrators (appointed by the court when there is no will).
Download the free PDF version to keep with the estate documents.
Probate is required in BC when the deceased held assets solely in their own name — such as bank accounts, investments, or real property — with a value exceeding $25,000. Financial institutions and the Land Title Office will typically require a Grant of Probate before releasing or transferring those assets.
Probate may not be required if:
Not sure if probate applies?
| Grant of Probate | Grant of Administration | |
|---|---|---|
| When used | Deceased left a valid will | No will, or named executor cannot act |
| Who applies | Executor named in the will | Spouse, family member, or other eligible person |
| Legal effect | Confirms will is valid; authorizes executor | Appoints administrator with same legal powers |
| Assets distributed according to | Terms of the will | BC intestacy rules (WESA) |
Both grants are issued by the BC Supreme Court and carry identical legal authority.
Most executors retain a lawyer specifically to obtain the Grant of Probate from the BC Supreme Court — the court application process is the most complex and error-prone stage. Once the grant is issued, the executor typically takes over the remaining administration independently.
| Stage | Who Handles It |
|---|---|
| Preparing all court forms (P1/P2, P3, P9, P10/P11) | Probate lawyer |
| Disclosure Statement (assets & liabilities) | Probate lawyer |
| Serving 21-day notice to beneficiaries and interested parties | Probate lawyer |
| BC Gazette creditor notice | Probate lawyer |
| Filing with BC Supreme Court and obtaining the Grant | Probate lawyer |
| CRA filings and Clearance Certificate | Executor (you) |
| Paying creditors and estate debts | Executor (you) |
| Distributing assets to beneficiaries | Executor (you) |
| Final accounting and closing the estate | Executor (you) |
Steps 1–6 — this is what a probate lawyer handles
Under BC’s Wills, Estates and Succession Act (WESA), you must provide formal written notice to:
⚠️ Mandatory: There is a 21-day waiting period after notices are delivered before you can file the probate application.
⚠️ Distributing assets before paying all legitimate creditors can result in personal liability for the executor — even if the debt surfaces after distribution.
File the following with the BC Supreme Court registry in the jurisdiction where the deceased last lived:
Probate fees are calculated on the gross value of BC-situated estate assets:
Timeline: The Grant typically issues within 3–6 months of filing.
Steps 7–11 — executor’s responsibility
⚠️ Critical: Do not distribute assets until the Clearance Certificate is received. Without it, you can be held personally liable for any outstanding CRA debt — even after the estate is distributed.
Executor’s year: Beneficiaries generally cannot demand distribution within the first year of the date of death.
| Stage | Typical Timeline |
|---|---|
| Immediate tasks and notifications | 1–4 weeks |
| 21-day mandatory notice period | 3 weeks |
| Preparing and filing probate application | 2–6 weeks |
| Court processing — Grant issued | 3–6 months |
| CRA filings and Clearance Certificate | 3–9 months |
| Final distribution and closing | After Clearance Certificate |
| Total — typical estate | 12–18 months |
You are not legally required to hire a lawyer. However, errors in the probate application restart the court clock — adding months to the process. Most executors retain a lawyer specifically for the court application, then manage the remaining administration themselves. See our fixed-fee probate services
The court appoints an administrator rather than recognizing an executor. The estate is distributed according to BC’s intestacy rules under WESA — regardless of the deceased’s wishes.
Yes. Executors are entitled to reasonable compensation from the estate, typically calculated as a percentage of the gross estate value. Compensation must be disclosed to beneficiaries and can be challenged if considered excessive.
$6 per $1,000 on estate value between $25,000–$50,000, and $14 per $1,000 above $50,000. Plus a $200 court filing fee. No probate fees on estates under $25,000.
No strict legal deadline, but BC follows a general “executor’s year” — an expectation that the estate will be settled within one year of death. Beneficiaries cannot compel early distribution without court intervention.
It confirms all taxes owed by the deceased and the estate have been paid. Distributing assets without one exposes the executor to personal liability for any tax debts discovered afterward.
