Probating the Will - Revision history

Drew Jackson: /* Probate fees are based on the gross value of the estate */

2019-03-21T22:45:02Z

Probate fees are based on the gross value of the estate

← Older revision		Revision as of 22:45, 21 March 2019
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	! Estate value !! Probate fee		! Estate value !! Probate fee
	\|-		\|-
	\| $0 to $25,000 \|\| 0		\| $0 to $25,000 \|\| none
	\|-		\|-
	\| For the first $25,000 to $50,000 \|\| $6 for every $1,000		\| For the first $25,000 to $50,000 \|\| $6 for every $1,000

Drew Jackson: /* Probate fees are based on the gross value of the estate */

2019-03-21T22:44:40Z

Probate fees are based on the gross value of the estate

← Older revision		Revision as of 22:44, 21 March 2019
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	{\| class="wikitable"		{\| class="wikitable"
	\|-		\|-
	! $0 to $25,000 !! 0		! Estate value !! Probate fee
			\|-
			\| $0 to $25,000 \|\| 0
	\|-		\|-
	\| For the first $25,000 to $50,000 \|\| $6 for every $1,000		\| For the first $25,000 to $50,000 \|\| $6 for every $1,000

Drew Jackson: /* You must notify certain people that you intend to apply for probate */

2019-03-21T22:41:04Z

You must notify certain people that you intend to apply for probate

← Older revision		Revision as of 22:41, 21 March 2019
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	* Each beneficiary named in the will.		* Each beneficiary named in the will.
	* The will-maker’s spouse and children (because they are entitled to challenge the will under the ''[http://canlii.ca/t/8mhj Wills, Estates and Succession Act]'').		* The will-maker’s spouse and children (because they are entitled to challenge the will under the ''[http://canlii.ca/t/8mhj Wills, Estates and Succession Act]'').
	* Each person who would be entitled to a share in the estate if there had been no will. The ''Wills, Estates and Succession Act'' lists the people who are entitled to a share in an estate if someone dies without a will.		* Each person who would be entitled to a share in the estate if there had been no will. The ''[https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec20_smooth Wills, Estates and Succession Act]'' lists the people who are entitled to a share in an estate if someone dies without a will.
	* If ''any'' of the people you’re required to send notice to above is a minor or mentally incapable adult, you need to send notice to the '''Public Guardian and Trustee'''.		* If ''any'' of the people you’re required to send notice to above is a minor or mentally incapable adult, you need to send notice to the '''Public Guardian and Trustee'''.

Drew Jackson: /* You must notify certain people that you intend to apply for probate */

2019-03-21T22:39:54Z

You must notify certain people that you intend to apply for probate

← Older revision		Revision as of 22:39, 21 March 2019
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	* Each person named in the will as executor or alternate executor.		* Each person named in the will as executor or alternate executor.
	* Each beneficiary named in the will.		* Each beneficiary named in the will.
	* The will-maker’s spouse and children (because they are entitled to challenge the will under the ''Wills, Estates and Succession Act'').		* The will-maker’s spouse and children (because they are entitled to challenge the will under the ''[http://canlii.ca/t/8mhj Wills, Estates and Succession Act]'').
	* Each person who would be entitled to a share in the estate if there had been no will. The ''Wills, Estates and Succession Act'' lists the people who are entitled to a share in an estate if someone dies without a will.		* Each person who would be entitled to a share in the estate if there had been no will. The ''Wills, Estates and Succession Act'' lists the people who are entitled to a share in an estate if someone dies without a will.
	* If ''any'' of the people you’re required to send notice to above is a minor or mentally incapable adult, you need to send notice to the '''Public Guardian and Trustee'''.		* If ''any'' of the people you’re required to send notice to above is a minor or mentally incapable adult, you need to send notice to the '''Public Guardian and Trustee'''.

Drew Jackson: /* You must notify certain people that you intend to apply for probate */

2019-03-21T22:38:28Z

You must notify certain people that you intend to apply for probate

← Older revision		Revision as of 22:38, 21 March 2019
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	== You must notify certain people that you intend to apply for probate ==		== You must notify certain people that you intend to apply for probate ==
	To provide notice, complete a copy of the court form P1, notice of proposed application in relation to estate. Together with a copy of the will, mail or deliver the court form to:		To provide notice, complete a copy of the court form P1, notice of proposed application in relation to estate. (For the probate court forms, see the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/probate-forms BC government website]). Together with a copy of the will, mail or deliver the court form to:
	* Each person named in the will as executor or alternate executor.		* Each person named in the will as executor or alternate executor.
	* Each beneficiary named in the will.		* Each beneficiary named in the will.

Drew Jackson: /* Listing assets and liabilities */

2019-03-21T22:36:08Z

Listing assets and liabilities

← Older revision		Revision as of 22:36, 21 March 2019
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	{{PLSTipsbox		{{PLSTipsbox
	\| text = To help determine the market value of the person’s home, refer to BC Assessment’s property assessment information at bcassessment.ca.		\| text = To help determine the market value of the person’s home, refer to BC Assessment’s property assessment information at [http://bcassessment.ca bcassessment.ca].
	}}		}}

Drew Jackson: /* You need to file probate documents with the registry */

2019-03-21T22:35:43Z

You need to file probate documents with the registry

← Older revision		Revision as of 22:35, 21 March 2019
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	{{PLSTipsbox		{{PLSTipsbox
	\| text = You can download the court forms required for probating a will from the Ministry of Justice website at		\| text = You can download the court forms required for probating a will from the Ministry of Justice website at
	gov.bc.ca/court-forms.		[http://gov.bc.ca/court-forms gov.bc.ca/court-forms].
	}}		}}

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	=== Signing the probate forms ===		=== Signing the probate forms ===
	[[File:Being an Executor - Contents6.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Being an Executor - Contents6.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	When you sign a probate form, it means you’re swearing or affirming that the information you’re providing in the document is true. You’ll need to sign ''some'' of the probate forms in front of a lawyer, notary public, or a commissioner for taking affidavits. All court registries have a commissioner for taking affidavits, and some community groups do as well.		When you sign a probate form, it means you’re swearing or affirming that the information you’re providing in the document is true. You’ll need to sign ''some'' of the probate forms in front of a lawyer, notary public, or a commissioner for taking affidavits. All court registries have a commissioner for taking affidavits, and some community groups do as well.

	== Listing assets and liabilities ==		== Listing assets and liabilities ==

Drew Jackson at 22:34, 21 March 2019

2019-03-21T22:34:46Z

← Older revision		Revision as of 22:34, 21 March 2019
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	{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= March 2019}}{{Being an Executor TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= March 2019}}{{Being an Executor TOC}}
	~~As the~~ executor~~, you~~ may need to apply to the court to '''probate''' the will in order to distribute the estate. If everything is in order, the court issues a '''grant of probate'''. The executor can then show a notarized copy of the grant of probate to banks and other asset holders, confirming that the executor has the authority to act for the estate.		The executor of a will may need to apply to the court to '''probate''' the will in order to distribute the estate. If everything is in order, the court issues a '''grant of probate'''. The executor can then show a notarized copy of the grant of probate to banks and other asset holders, confirming that the executor has the authority to act for the estate.

	==The probate procedure==		==The probate procedure==

Drew Jackson at 22:34, 21 March 2019

2019-03-21T22:34:02Z

← Older revision		Revision as of 22:34, 21 March 2019
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	{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= March 2019}}{{Being an Executor TOC}}		{{REVIEWEDPLS \| reviewer = [[Stephen Hsia\|Stephen Hsia]]\|date= March 2019}}{{Being an Executor TOC}}
	~~[[File:Being an Executor - Contents5.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.www.istockphoto.com</span>]]~~As the executor, you may need to apply to the court to '''probate''' the will in order to distribute the estate. If everything is in order, the court issues a '''grant of probate'''. The executor can then show a notarized copy of the grant of probate to banks and other asset holders, confirming that the executor has the authority to act for the estate.		As the executor, you may need to apply to the court to '''probate''' the will in order to distribute the estate. If everything is in order, the court issues a '''grant of probate'''. The executor can then show a notarized copy of the grant of probate to banks and other asset holders, confirming that the executor has the authority to act for the estate.

			==The probate procedure==
			[[File:Being an Executor - Contents5.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.www.istockphoto.com</span>]]
	The probate procedure involves several steps and considerable attention to detail. Many documents must be filed with the probate registry of the Supreme Court of BC.		The probate procedure involves several steps and considerable attention to detail. Many documents must be filed with the probate registry of the Supreme Court of BC.

Elena Renderos at 06:02, 21 March 2019

2019-03-21T06:02:44Z

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	(or part of $1,000)		(or part of $1,000)
	\|}		\|}


	For example, if the gross value of an estate is $125,000, the probate fees will be $1,200. This fee is in addition to the court filing fee of $200.		For example, if the gross value of an estate is $125,000, the probate fees will be $1,200. This fee is in addition to the court filing fee of $200.