Overview
There are three main types of estate grants in BC: grant of probate (when there's a will and the named executor applies), grant of administration with will annexed (when there's a will but someone other than the named executor applies), and grant of administration (when there's no will). All three give the applicant legal authority to manage the estate.
Grant of probate
When it applies: There is a valid will AND the executor named in the will is applying.
What it does:
- Confirms the will is the deceased's last valid will
- Confirms the executor's authority to act
- Attaches a certified copy of the will to the grant
Key forms: P1, P2, P3 or P4, P9, P10 or P11
Who can apply: Only the executor(s) named in the will.
This is the most common type of grant. If the deceased had a will and named you as executor, this is what you're applying for.
Grant of administration with will annexed
When it applies: There is a valid will BUT the named executor cannot or will not act.
Common situations:
- Named executor has died
- Named executor renounces (declines to act)
- Named executor lacks capacity
- Named executor can't be found
- Will doesn't name an executor
Who can apply: Priority goes to:
- Residuary beneficiary named in the will
- Other beneficiaries
- Next of kin
Key difference: The will still controls how assets are distributed, but a different person administers the estate.
Grant of administration (intestacy)
When it applies: There is NO valid will (the person died "intestate").
What it does:
- Appoints an administrator to manage the estate
- Does NOT attach a will (there isn't one)
- Estate is distributed according to BC's intestacy rules, not the deceased's wishes
Who can apply: Priority order:
- Spouse or common-law partner
- Children
- Grandchildren
- Parents
- Siblings
- More distant relatives
Key form: P5 replaces P3/P4
Key difference: The administrator doesn't follow a will. They follow BC's intestacy rules under WESA, which specify who gets what based on family relationships.
Which do you need?
Is there a valid will?
Yes → Are you the named executor?
No → Grant of administration (intestacy)
Are you the named executor?
Yes → Grant of probate
No → Grant of administration with will annexed
Key differences at a glance
| Aspect | Probate | Admin w/ Will | Admin (Intestacy) |
|---|---|---|---|
| Will exists? | Yes | Yes | No |
| Who applies? | Named executor | Someone else | Priority relative |
| Distribution follows? | The will | The will | Intestacy rules |
| Main affidavit form | P3 or P4 | P3 or P4 | P5 |
Return to the Complete BC Probate Guide →
Frequently asked questions
Does the type of grant affect probate fees?
No. Probate fees are based on estate value, not the type of grant. The process and fees are similar regardless of which grant type you're applying for.
Can I change from one grant type to another?
No. You apply for the grant type that matches your situation. If circumstances change (e.g., a will is found after applying for administration), you may need legal advice on how to proceed.
Which grant type is faster?
Processing time is similar. Grant of probate may be slightly simpler because the will clearly establishes authority. Administration applications require more documentation about who has priority to act.