Managing an estate after a loved one passes involves numerous legal steps, which can be overwhelming for executors and estate administrators. Ronald Kumar Law specializes in guiding you through this process efficiently and accurately.

We are an experienced Estate law firm and can assist with:

• Obtaining a Grant of Probate (when there is a will);
• Obtaining a Grant of Administration (when there is no will); and
• Providing comprehensive guidance on estate law and estate administration in B.C..

Types of Grants in British Columbia

• Grant of Probate: Confirms the validity of the will and authorizes the executor to administer the estate.
• Grant of Administration: Issued when no valid will exists, allowing the estate administrator to manage the deceased’s estate’s assets. B.C. intestacy laws will apply when the deceased has no will.

Our team handles all aspects of applying for these grants, ensuring the process is smooth and compliant with court requirements.

What to Expect

During your initial consultation, our lawyers will explain the process thoroughly. We can assist with everything from filing the probate application to distributing assets and managing liabilities. Keep in mind that applying for probate (or grant of administration) is just a small part of the whole process of estate administration. We can assist you to the extent desired. Whether it’s with the probate application for a grant of probate (or grant of administration), or other legal aspects of an estate, our estate lawyers in Vancouver are here to help.

The Process

In British Columbia, the process to obtain grant of probate or grant of administration generally involves the following steps:

1. 1. Determine if Probate or Administration is Needed:
      • Probate is required if there is a will and the deceased owned assets solely in their name that need to be transferred.
      • Administration may be needed if there is no will (intestate), or if the will does not appoint an executor.
   2. Gather Important Documents:
      • Death certificate
      • Will (if there is one)
      • List of assets, liabilities, and estate information
   3. Apply for a Grant of Probate or Administration:
      • Complete the appropriate application forms provided by the British Columbia Supreme Court.
   4. Prepare Necessary Documentation:
      • Original will (for probate)
      • Affidavit of execution (if required)
      • Estate valuation and inventory
      • Oaths of executors or administrators
   5. File the Application with the Court:
      • Submit the completed forms and documents to the Supreme Court Registry in British Columbia.
   6. Pay Probate Fees to the Province:
      • Probate fees payable to the Province vary depending on the value of the estate. Please see below for applicable probate fees.
   7. Court Review and Grant Issuance:
      • The Court reviews the application, and if everything is in order, issues the probate or administration grant.
   8. Administer the Estate:
      • After obtaining the grant, the executor or administrator can administer/manage the estate according to the will or intestacy laws, and can collect/consolidate all assets, pay any debts/taxes, sell assets/property, wind-up the deceased’s estate etc.
   9. Finalize Estate Affairs:
      • File final CRA tax returns for deceased, obtain clearance certificate from CRA, confirm estate accounting is accurate and approved by all beneficiaries, and if all is in order then distribute remaining assets to the beneficiaries.
   10. Record Keeping:
       • It is crucial that if you are acting as executor or administrator that you keep detailed records for everything that you are doing connected to the estate. It is recommended that you keep copies of receipts, debts/expenses, financial records, important correspondence etc.

B.C. Government’s Probate Fees

Probate fees in B.C. are to be paid on behalf of the deceased’s estate to the government. The probate fees are based on the gross value of the estate at the date of death, meaning the total fair market value of all assets subject to probate. The current fee structure is:​

• No fee for estates valued at $25,000 or less​
• 0.6% on the value of the estate between $25,000 and $50,000​
• 1.4% on the value of the estate over $50,000​
• A flat $200 court filing fee

Cost / Legal Fees

Legal fees for estate grants typically range from $3,500 to $8,000, depending on the estate’s complexity, and also which services you require. Our law firm offers flat fee services. Legal fees paid by the executor are normally reimbursed to the executor from the estate’s money, as it is an estate expense.

Reach Out if you’re serving as an executor or administrator, contact us to schedule your free consultation. We are here to make estate administration less stressful and more efficient.