Probate is the formal legal procedure for proving the validity of a will. When a person dies with a will, his or her executor will often have to probate the deceased person’s estate. Many people find the process of probating an estate to be stressful and confusing.
You can only apply for a grant of probate if the deceased had a will. If the deceased died intestate (legal jargon for dying without a will), then you will need to apply for a grant of administration instead. Not all cases will require a probate application, but it is wise to apply for one. In some cases, where an estate is small (i.e. less than $25,000.00), certain assets can be transferred like vehicles registered with ICBC.
Circumstances where probate will almost always be required are as follows:
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The deceased owned real estate of any kind that was not held in joint tenancy
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The deceased owned bank accounts or other investment accounts
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The deceased owned vehicles registered with ICBC and the estate was worth more than $25,000
Applying for a grant of probate involves filing a form P2 Submission for Estate Grant, a form P9 Affidavit of Delivery, a form P1 Notice of Proposed Application in Relation to Estate, further affidavits called forms P3 and P4, and a P10 Affidavit of Assets and Liabilities for Domiciled Estate Grant. An error in one form can cause a probate application being rejected by the Court.
The fees involved in obtaining probate of an estate vary with each case, and we would be happy to provide a quote during a consultation. ATAC LAW’s team of skilled estate lawyers are here to help if you need to apply for a grant of probate. Call today to schedule a consultation to discuss your options.
