After a Death: Deal with wills and estates

This guide does not replace the advice of a lawyer.

On this page

• If there is a will
• If there is no will, or there is a will but no executor
• If you are the executor or administrator
• If you need to apply for a grant of probate or grant of administration
• If the person who died was legally responsible for children or an adult

If there is a will

A will is a legal document that explains a person’s wishes for after they die. These wishes might include what to do with their money and what they own. (Their money and what they own are referred to as “assets”.)

Wills usually name an executor, who is the person who carries out the instructions set out in the will. The executor may have to prove their identity to be able to carry out the instructions in the will, especially if the will has not been probated. Learn more about executor responsibilities.

You should hire a lawyer if you have questions about carrying out the wishes expressed in the will or otherwise need advice about your duties and responsibilities.

When you need to probate a will

Agencies and financial institutions that hold a deceased person's assets can require you to "probate" a will before they will accept the will and transfer assets to the person named as executor in the will.

Probate is a court-supervised legal process that checks if a will:

• Is real
• Was made without fraud or undue influence
• Is the last will left by the person who died

The court document certifying that a will meets these conditions is called a "grant of probate". A will that meets these conditions is said to be "valid".

You can apply for a grant of probate in any B.C. Supreme Court registry. See the list of registry locations to find the one nearest you. Learn more about applying for a grant of probate.

If you are unsure whether or not a will must be probated, you may wish to seek legal advice.

When you don't need to probate a will

Agencies and financial institutions may accept a will and transfer assets to the executor without the need for the will to be probated. However, each agency or financial institution has its own policies about what it requires to do this. For example, an organization may require:

• A copy of the will to have been filed with them while the person who died was alive
• The executor to have been known to them when the person who died was alive

Most organizations have maximum amounts they are willing to transfer without a grant of probate. 

If there is no will or there is a will but no executor

You can apply to be an administrator of an estate if:

• There is no will
• There is a will but no executor was named in the will
• There is a will but the executor (or executors) named in the will are unable or unwilling to act

An administrator is the person, or one of the people, responsible for managing the estate of the person who died. Learn more about administrator responsibilities.

The court document giving the person the authority to administer the estate if there is no will or no executor is called the "grant of administration".

You can apply for a grant of administration in any B.C. Supreme Court registry. See the list of registry locations to find the one nearest you. Learn more about applying for a grant of administration.

If no one is willing or able to be an administrator, the Public Guardian and Trustee of British Columbia may administer the estate. The Public Guardian and Trustee may refuse if they believe the cost of administering the estate is more than the estate's assets are worth.

If you are the executor or administrator

The executor is the person or one of the people responsible for carrying out the instructions in the will.

If there is no will, the administrator is the person responsible for distributing the estate in accordance with the rules set out in the Wills, Estate and Succession Act.

Basic duties of the executor or administrator include:

• Making a list and of all assets and debts and finding out how much they are worth
• Gathering names and addresses of the immediate family of the person who died and anyone else who will receive assets from the estate
• Cancelling subscriptions and charge cards, redirecting mail and wrapping up other personal matters
• Taking control of all assets and transferring ownership registrations
• Collecting any debts owed to the person who died
• Paying all valid or proven debts left to the estate (The executor or administrator may be held personally liable for these debts if they remain unpaid after the distribution of the estate)
• Filing tax returns for the person who died and for the estate
• Selling assets as necessary and distributing the estate
• Preparing accounts showing assets, receipts, disbursements and distribution of the estate
• Getting approval for the estate’s accounts from the court or from the people who will receive assets from the estate

 Being the executor of someone else's estate can be a complex and daunting responsibility. For more information, see the Canada Revenue Agency's resources for executors, including:

• Doing taxes for someone who has died
• Preparing returns for someone who has died

If you need to apply for a grant of probate or grant of administration

If there is a will, you may need to to apply for a grant of probate.

If there is no will or there is a will but no executor, you may need to apply for a grant of administration.

You can apply for a grant of probate or grant of administration in any B.C. Supreme Court registry. See the list of registry locations to find the one nearest you.

Hiring a lawyer

You do not need to hire a lawyer to apply for a grant of probate or administration. If you do hire a lawyer, it is possible to pay legal fees out of the estate. However, those payments must be approved by the court, or by the people who will inherit the assets of the person who died. Anyone who applies for a grant of probate or grant of administration on their own must be well prepared and ready to do a lot of paperwork.

If you still are having difficulties dealing with third parties even after obtaining a grant of probate or grant of administration, you may need to hire a lawyer. Learn more about getting legal help after a death. 

Submitting the correct forms

There are specific forms you must fill out to apply for a grant of probate or a grant of administration. All applications require the use of Form P2 – Submission of estate grant. The other forms required to apply will vary depending on the circumstances of the deceased. See all probate forms.

Searching for a wills notice

If you are applying for a grant of probate or grant of administration, you will need to submit an  Application for Search of Wills Notice (PDF, 396KB). You will need to submit this even if you believe you have the original last will of the person who died.

Learn more about  searching for a wills notice or contact Service BC for help searching.

Getting a grant from another jurisdiction

If the person who died had assets in other provinces, territories or countries, you may need to get a grant in one of those jurisdictions and then apply to have it recognized in B.C.

If they mostly lived in British Columbia and had most of their assets here but owned land or property in other provinces, territories or countries then you may wish to get a grant in British Columbia and then seek to have your B.C. grant recognized in the other province, territory or country.

If the person who died had assets in other provinces, territories or countries, you may wish to seek legal advice about where to apply for a grant first. Learn more about getting legal help after a death. 

If the person who died was legally responsible for children or an adult

In their will, a person can name the person they would prefer to look after their children or dependent adults when they die. The court is not obligated to appoint that preferred guardian. This is because the court's obligation is always to act in the best interests of the child or dependent adult. However, the court will not appoint a different person as guardian without a good reason. For example, it may be that the preferred guardian has moved away and is unwilling to relocate so the child can stay close to their friends and family.

If someone dies without a will, and leaves any children or dependent adults without a guardian, the court will need to appoint a guardian. The court will try to appoint one from the friends and family of the person who died. If the court is unable to do so, the Public Guardian and Trustee of British Columbia and Ministry of Children and Family Development will become the children's guardians.