Difference between revisions of "Probating the Will"
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{{REVIEWEDPLS | reviewer = [[ | {{REVIEWEDPLS | reviewer = [[Stephen Hsia|Stephen Hsia]]|date= March 2019}}{{Being an Executor TOC}} | ||
[[File: | [[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. | ||
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 | The timeframe for the probate registry to approve probate applications varies, but generally the review process takes two to three months. | ||
'''If your application is rejected''', the registry staff will tell you the reason. You can correct the problem and re-apply. | |||
Once you’re granted probate, you can proceed with the remaining steps to administer the estate. | |||
== | == You must notify certain people that you intend to apply for probate == | ||
You must notify | 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: | ||
* | * Each person named in the will as executor or alternate executor. | ||
* | * 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''). | ||
* | * 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'''. | |||
You must deliver this notice at least 21 days before submitting the probate application to court. | You must deliver this notice at least 21 days before submitting the probate application to court. | ||
== | {{PLSStorybox | ||
| image = [[File:Being_an_Executor_-_John.png|link=]] | |||
| text = “My wife Eileen named me as executor in her will. She left her estate to me and our children. The only other gift was a ring to her sister Zara. I was confused about whether I had to send her brother Francis notice of the probate application. My lawyer explained that if Eileen had died without a will, under the law, only the kids and I would have been entitled to the estate. So I didn’t have to send Francis notice, even though he was still alive when Eileen died.” <br/>– John, Port Moody}} | |||
== You need to file probate documents with the registry == | |||
A typical probate application will include these documents, which you must file with the probate registry: | |||
* '''A submission for estate grant (Form P2)''': This form gives details about your application for probate. | |||
* '''An affidavit of the applicant (Form P3 or P4)''': This form identifies you and your relationship to the will-maker. | |||
* '''Affidavits of delivery (Form P9)''': These affidavits confirm that notice of the application was delivered to everyone who you had to give notice to. | |||
* '''An affidavit of assets and liabilities (Form P10 or P11)''': This form sets out all the will-maker’s estate assets and liabilities. | |||
* '''The originally signed version of the will'''. If the original doesn’t exist, you can file a copy of the will. You’ll also need to file evidence that supports that it’s a copy of the valid will. The court may or may not accept the copy as the last valid will of the deceased. | |||
* '''Two copies of a certificate of wills search''', and any accompanying wills notices, obtained by doing a search of the Wills Registry. | |||
* '''Payment of the court filing fee''': Currently $200, unless the estate has a value of less than $25,000, in which case there is no fee payable. | |||
{{PLSTipsbox | |||
| text = You can download the court forms required for probating a will from the Ministry of Justice website at | |||
gov.bc.ca/court-forms. | |||
}} | |||
Additional documents | Additional documents will be required to deal with: issues relating to the will, dispensing with notice, the executor renouncing their executorship, and various other unusual applications. | ||
To find the closest | '''To find the probate registry closest to you''', contact Enquiry BC: | ||
: Lower Mainland: 604-660-2421 | : Lower Mainland: 604-660-2421 | ||
: Toll-free: 1-800-663-7867 | : Toll-free: 1-800-663-7867 | ||
{{PLSTipsbox | {{PLSTipsbox | ||
| text = If | | text = If there’s nothing to list under one of the headings on a form, write nil or none. Blank spaces may suggest that information is missing. This is one of the main reasons forms are rejected. | ||
}} | }} | ||
== | === 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>]] | |||
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. | |||
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{{Being an Executor Navbox}} | {{Being an Executor Navbox}} |