Probate is when the Supreme Court of British Columbia officially confirms that a will is valid and that the named executor has authority to manage the deceased person's estate. After probate, the court issues a "grant of probate" that the executor uses to access bank accounts, transfer property, and distribute assets to beneficiaries.
What probate means
The word "probate" comes from the Latin probare, meaning "to prove." In BC, probate is the process of proving to the court that:
- The document presented is the deceased's last valid will
- The person applying is the executor named in that will
- The executor should be given legal authority to act on behalf of the estate
Once the court is satisfied, it issues an official certificate called a "grant of probate." This document serves as proof that the executor has been verified by the court and has legal authority to deal with the estate.
Why it matters
Banks, the Land Title Office, ICBC, and investment firms will not accept a will on its own. They need the court-stamped grant that proves the will has been vetted and the executor has authority.
Why probate exists
Probate exists to protect everyone involved in an estate:
- Beneficiaries are protected because the court verifies the will is genuine and the executor is the right person before assets are distributed
- Creditors have a chance to make claims against the estate before assets disappear
- Financial institutions have legal certainty that they're releasing assets to the correct person and won't face claims later
- Executors have official documentation proving their authority if anyone questions their actions
Without probate, banks and land registries would have no reliable way to verify that someone claiming to be an executor actually has authority. They could face legal liability if they released assets to the wrong person or an imposter.
Who asks for probate?
- Banks when balances exceed their threshold
- Land Title Office for any solely owned property
- Brokerages for investment accounts
- Some insurers if the estate is the beneficiary
Who doesn't?
- Joint accounts with right of survivorship
- RRSPs/TFSAs with named beneficiaries
- Life insurance with a named beneficiary
What the court actually does
The BC Supreme Court probate registry reviews your application to check:
- The will appears properly signed and witnessed according to BC law
- Required notices were sent to all beneficiaries and potential heirs
- The application forms are complete and internally consistent
- There are no obvious challenges, disputes, or red flags
- Probate fees have been calculated correctly and paid
The court does not:
- Interpret what the will means or resolve ambiguities
- Decide if the will is "fair" or makes sense
- Supervise the executor's actions after the grant
- Verify that assets listed are accurate
- Meditate disputes between beneficiaries
The court simply confirms the paperwork is in order and issues the grant. If disputes arise later, those are handled through separate court proceedings.
Quick accuracy check
- Names match across will, death certificate, and forms
- Addresses for beneficiaries are current and complete
- Asset values are date-of-death, not today
- Staples on the original will are intact
The grant document
When probate is complete, you receive a "grant of probate" document. This court-certified certificate includes:
- The deceased's full legal name and date of death
- The executor's name and confirmation of their authority
- The court's official seal and registrar's signature
- A certified copy of the will attached as an exhibit
- The court file number for reference
You'll typically order several "certified copies" of the grant (about $40 each). Banks, land registries, and other institutions usually require an original certified copy with the court's raised seal, not a photocopy.
How many copies do you need?
Order one certified copy for each major institution: one for each bank, one for the Land Title Office if there's real estate, one for your records. Most executors order 3-5 copies. You can always order more later, but it requires another trip to the registry.
Who needs to see the grant
After receiving the grant, you'll present it to various institutions:
- Banks and credit unions: To close accounts and release funds to the estate
- Investment brokers: To transfer or liquidate investment accounts
- BC Land Title Office: To transfer real property into beneficiary names or to the estate for sale
- Insurance companies: For policy payouts where the estate is the beneficiary
- Pension administrators: For survivor benefits in some cases
- CRA: For certain tax matters and clearance certificates
- ICBC: To transfer vehicle ownership
Each institution has its own forms and processes. The grant is your "key" that unlocks access to estate assets. Without it, most institutions won't let you touch anything.
Common misconceptions
❌ "Probate validates whether the will is fair"
The court doesn't judge whether the will is fair or makes sense. It only confirms the will appears properly executed. A will that leaves everything to a stranger and nothing to family can still be probated. Challenges to unfair wills happen separately.
❌ "Probate means the government takes a big cut"
BC probate fees are about 1.4% on estate value over $50,000. This is actually lower than many other provinces. The government doesn't "take" estate assets. These are just processing fees, similar to other court filing fees.
❌ "Having a will means you avoid probate"
It's the opposite. A will actually requires probate if assets exceed certain thresholds. What avoids probate is how assets are held: joint ownership, beneficiary designations on RRSPs and insurance, and trusts can all bypass probate.
❌ "The executor gets paid from probate"
Executor compensation is separate from probate. The will may specify compensation, or the executor can claim "reasonable compensation" from the estate (typically up to 5% of estate value). This isn't automatic and requires agreement or court approval.
Practical steps if you just became executor
- Secure the home and valuables; redirect mail
- Find the original will and keep it untouched
- Order multiple death certificates
- Start the wills notice search immediately
- List every asset with how it's owned (sole, joint, beneficiary)
- Call banks to ask if they'll require a grant
- Read the full BC Probate Guide for the full process
Frequently asked questions
Is probate the same as reading the will?
No. Reading the will is informal. Probate is a formal court process that legally confirms the executor's authority. The will doesn't need to be 'read' in court.
Does probate transfer ownership of assets?
Probate confirms the executor's authority to transfer assets. The actual transfer happens after, when the executor presents the grant to banks and registries.
Is probate public?
Yes. Once granted, probate becomes a public record. Anyone can search court records to see basic details of the estate.
Can you avoid probate with a will?
No. Having a will actually requires probate if assets exceed certain thresholds. Joint assets and beneficiary designations avoid probate regardless of whether there's a will.