Do you need probate in BC?

What probate is, when it's usually needed, and where to start.

Updated September 29, 2026

Probate is a court process that confirms a will is valid. The BC government describes it as a court-supervised process that checks that a will is real, was made without fraud or undue influence, and is the last will the person left. The court document that confirms this is called a grant of probate.

This is general information, not legal advice. A lawyer can tell you whether probate is needed in your situation.

When it's usually needed

There isn't one simple rule. Banks and other organizations that hold the person's assets can require a grant of probate before they will accept the will and transfer the assets to the executor.

Some organizations will transfer assets without probate, depending on their own policies. They may want, for example, a copy of the will filed with them while the person was alive. Most have a maximum amount they will transfer without a grant of probate.

If there is no will, or no executor

If there is no will, no executor was named, or the named executor can't or won't act, someone can apply to the court for a grant of administration. If no one is willing or able to act, the Public Guardian and Trustee may administer the estate.

Where to start

• Read the BC government's page, After a Death: Deal with wills and estates.
• Use the BC government's online questionnaire to find out which forms you need.
• Every application uses Form P2, Submission of estate grant. The other forms depend on the situation. See the full list of probate forms.
• Include a wills notice search from BC Vital Statistics, even if you believe you have the original will.
• Apply at any BC Supreme Court registry.

You don't have to hire a lawyer to apply. The BC government notes that people who apply on their own should be ready for a lot of paperwork. If you do hire a lawyer, legal fees can be paid from the estate, with approval from the court or from the people who inherit.

Probate fees

Under BC's Probate Fee Act, there is no probate fee if the estate is worth $25,000 or less. Above that, the fee is $6 for every $1,000 (or part of $1,000) of value between $25,000 and $50,000, plus $14 for every $1,000 (or part of $1,000) over $50,000. Court filing fees are separate.

Free legal information

The BC government's Get Support page lists free and low-cost help, including Access Pro Bono, Legal Aid BC, Dial-A-Law and Clicklaw.

For your own estate questions, a lawyer is the right person to ask. For anything to do with the cremation, we're here to help.