Probate is a court process by which the Supreme Court of British Columbia determines whether it has jurisdiction to deal with your assets and which law will apply. The court will assume jurisdiction if you had assets domiciled in BC as of the date of your death.
There are certain documents that are required to be filed as part of the probate application and generally the approval process may take several weeks.
The cost of probate includes a base fee of $200 in addition to fees payable based upon the value of your estate ($6 for each $1000 or part thereof of your estate value between 25,000 and $50,000 plus $14 for each thousand dollars or part thereof in excess of $50,000).
The probate process requires that notice be given to all beneficiaries under the will, including residual and contingent beneficiaries; persons entitled on intestacy or partial intestacy, even if there is a will; and persons entitled to apply under the Wills Variation Act (BC).
Probate may not be required for small estates where the value of the estate does not exceed $25,000 and probate is not required by any third parties.
See you legal advisor to assist you with an application for probate and receive information relating to your personal situation.
The information provided on this website is merely an informative guide and should not be relied upon for legal advice. It is intended to provide general information only. It is recommended that you see a lawyer about your particular legal situation and request legal advice.
©Avery Law Office, September 2011