After someone dies, their executor often needs legal authority to deal with the estate. In British Columbia, that authority usually comes through a Grant of Probate issued by the Supreme Court. Probate confirms that a will is valid and gives the executor permission to collect assets, pay debts, and distribute property to beneficiaries.

Not every estate needs probate. If assets are modest, or if everything is owned jointly with a surviving spouse, banks or land titles may release funds without it. But if the deceased owned real estate in their sole name, held investments, or had significant bank accounts, probate is almost always required. Financial institutions want the court’s confirmation before they release money to anyone.

The process starts with gathering key documents: the original will, the death certificate, and a full list of the deceased’s assets and debts. The executor prepares an application to court, files it, and pays the probate fee (which depends on the estate’s value). Once the court issues the Grant, the executor can show it to banks, the Land Title Office, and others to prove their authority.

Probate doesn’t end the executor’s work. After receiving the Grant, they must collect the assets, settle debts and taxes, and distribute what remains according to the will. Executors also need to keep detailed records of transactions and may need to prepare an accounting for beneficiaries.

Because probate involves strict forms and deadlines, many executors choose to work with a lawyer to prepare the application. Professional help can make sure the paperwork is complete and that the estate is administered according to law, saving time and avoiding errors.

Acting as an executor and unsure if you need probate? Book a consultation to get clear guidance on your next steps.



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Insights and practical tips from Postle Law. Here I share clear, no-jargon guidance on business, employment, tenancy, and estate matters in British Columbia — to help you understand your options before you need legal support.

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