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Difference between revisions of "Probating the Will"
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→What documents are required for probate?
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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 [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/probate/p2.pdf Form P2]:''' This form gives details about your application for probate. | * '''A Submission for Estate Grant in [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/probate/p2.pdf Form P2]:''' This form gives details about your application for probate. | ||
* '''An Affidavit of the Applicant in [http:// | * '''An Affidavit of the Applicant in [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/probate/p3.pdf Form P3] or [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/probate/p4.pdf P4]:''' This form identifies you and your relationship to the will-maker. | ||
* '''Affidavits of Delivery, in [http:// | * '''Affidavits of Delivery, in [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-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 [http:// | * '''An Affidavit of Assets and Liabilities in [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/probate/p10.pdf Form P10] or [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-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 [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. | * '''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. | ||
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=== What assets and liabilities do you need to list? === | === What assets and liabilities do you need to list? === | ||
The Affidavit of Assets and Liabilities in [http:// | The Affidavit of Assets and Liabilities in [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/probate/p10.pdf Form P10] or [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-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. | ||
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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 [http://evaluebc.bcassessment.ca evaluebc.bcassessment.ca]. | | text = To help determine the market value of the person’s home, refer to BC Assessment’s property assessment information at [http://evaluebc.bcassessment.ca evaluebc.bcassessment.ca]. | ||
}} | }} | ||
== How long will your application take? == | == How long will your application take? == | ||