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Difference between revisions of "Probating the Will"
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| text = You can download the court forms required for probating a will from the Ministry of Justice website at [http://www.ag.gov.bc.ca/courts/ www.ag.gov.bc.ca/courts]. | | text = You can download the court forms required for probating a will from the Ministry of Justice website at [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_probate.htm www.ag.gov.bc.ca/courts]. If the form does not open on your computer, try '''saving the form''' to your computer and opening it with [https://get.adobe.com/reader/ Adobe Acrobat]. | ||
}} | }} | ||
=== How do I start the probate process? === | === How do I start the probate process? === | ||
You must notify several people that you intend to apply for probate. To do so, 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: | You must notify several people that you intend to apply for probate. To do so, complete a copy of the [http://www.ag.gov.bc.ca/courts/forms/probate/P1.pdf 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 person named in the will as executor or alternate executor, | ||
* each beneficiary named in the will, | * each beneficiary named in the will, | ||
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A typical probate application will involve these documents, which you must file with the Probate Registry: | A typical probate application will involve these documents, which you must file with the Probate Registry: | ||
* '''A Submission for Estate Grant in Form P2:''' This form gives details about your application for probate. | * '''A Submission for Estate Grant in [http://www.ag.gov.bc.ca/courts/forms/probate/P2.pdf Form P2]:''' This form gives details about your application for probate. | ||
* '''An Affidavit of the Applicant in Form P3 or P4:''' This form identifies you and your relationship to the will-maker. | * '''An Affidavit of the Applicant in [http://www.ag.gov.bc.ca/courts/forms/probate/P3.pdf Form P3] or [http://www.ag.gov.bc.ca/courts/forms/probate/P4.pdf P4]:''' This form identifies you and your relationship to the will-maker. | ||
* '''Affidavits of Delivery, in Form P9:''' These affidavits confirm that notice of the application was delivered to all persons to whom notice must be given. | * '''Affidavits of Delivery, in [http://www.ag.gov.bc.ca/courts/forms/probate/P9.pdf Form P9]:''' These affidavits confirm that notice of the application was delivered to all persons to whom notice must be given. | ||
* '''An Affidavit of Assets and Liabilities in Form P10 or P11:''' This form sets out all the will-maker’s assets and liabilities that pass to you under the will. | * '''An Affidavit of Assets and Liabilities in [http://www.ag.gov.bc.ca/courts/forms/probate/P10.pdf Form P10] or [http://www.ag.gov.bc.ca/courts/forms/probate/P11.pdf P11]:''' This form sets out all the will-maker’s assets and liabilities that pass to you under the will. | ||
* '''The originally-signed version of the will''', or if the original does not exist, a copy of the will. | * '''The originally-signed version of the will''', or if the original does not exist, a copy of the will. | ||
* '''Two copies of a Certificate of Wills Search''', obtained by doing a search of the Wills Registry maintained by the provincial government’s Vital Statistics Agency. | * '''Two copies of a Certificate of Wills Search''', obtained by [http://www2.gov.bc.ca/assets/gov/health/forms/vital-statistics/vsa532_fill.pdf doing a search] of the [http://www2.gov.bc.ca/gov/content/life-events/death-and-bereavement/wills-registry Wills Registry] maintained by the provincial government’s Vital Statistics Agency. | ||
* '''Payment of the court filing fee:''' Currently $214, unless the estate has a value of less than $25,000, in which case there is no fee payable. | * '''Payment of the court filing fee:''' Currently $214, unless the estate has a value of less than $25,000, in which case there is no fee payable. | ||
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=== What assets and liabilities do I need to list? === | === What assets and liabilities do I need to list? === | ||
The Affidavit of Assets and Liabilities, one of the probate forms, includes a statement that has three parts: | The Affidavit of Assets and Liabilities in [http://www.ag.gov.bc.ca/courts/forms/probate/P10.pdf Form P10] or [http://www.ag.gov.bc.ca/courts/forms/probate/P11.pdf P11], one of the probate forms, includes a statement that has three parts: | ||
* '''Part I, Real property:''' List the will-maker’s home and any other land. | * '''Part I, Real property:''' List the will-maker’s home and any other land. | ||
* '''Part II, Personal property:''' List the will-maker’s personal property, such as cash, jewelry, furniture, vehicle, and the Canada Pension Plan death benefit. | * '''Part II, Personal property:''' List the will-maker’s personal property, such as cash, jewelry, furniture, vehicle, and the Canada Pension Plan death benefit. | ||