Quick answer
You need probate in BC if the deceased owned real estate in their name alone, or if financial institutions holding significant assets (typically over $25,000-$50,000) require a grant before releasing funds. You can often skip probate if all assets were held jointly, had named beneficiaries, or fall under institution thresholds.
You likely need probate if:
The deceased owned real estate (house, condo, land) in BC in their name alone
Bank accounts or investments in their name alone exceed $25,000-$50,000
The Land Title Office requires proof of executor authority to transfer property
Any financial institution specifically asks for a grant of probate
There are assets in multiple institutions that together exceed thresholds
You need to sue someone on behalf of the estate or defend a lawsuit
You might skip probate if:
All real estate was held in joint tenancy (passes automatically to survivor)
All bank accounts were joint accounts with right of survivorship
All registered accounts (RRSPs, TFSAs, RRIFs) have named beneficiaries
Life insurance policies have named beneficiaries (not the estate)
Total estate value is under $25,000 and institutions agree to release without probate
All assets are personal belongings with no title registration
Bank thresholds
Each financial institution sets its own threshold for when they'll require probate. These aren't published officially and can change, but typical ranges are:
| Institution Type | Typical Threshold |
|---|---|
| Major banks (TD, RBC, BMO, etc.) | $25,000 - $75,000 |
| Credit unions | $10,000 - $50,000 |
| Investment brokers | $25,000 - $50,000 |
| Insurance companies | Varies widely |
Important
Even under threshold, banks may still require probate if there's any complexity: disputes, unclear beneficiaries, or concerns about the will. They're protecting themselves from liability, so they err on the side of caution.
Real estate rules
Real estate in BC almost always requires probate if it was in the deceased's name alone. The Land Title Office needs to see a grant before they'll transfer the property.
Exceptions:
- Joint tenancy: If the property was held in joint tenancy with right of survivorship, it passes automatically to the surviving owner. You just need to file a transmission application with a death certificate.
- Tenants in common: The deceased's share does require probate because it doesn't automatically pass to the other owner.
To find out how property is held, check the title at the Land Title Office or look at the original transfer documents.
Decision tree
Work through these questions:
1. Is there real estate in BC in the deceased's name alone?
Yes: You almost certainly need probate.
No: Continue to question 2.
2. Are there bank/investment accounts over $25,000 in the deceased's name alone?
Yes: Contact each institution to ask their requirements. Most will require probate.
No: Continue to question 3.
3. Do RRSPs, TFSAs, and life insurance have named beneficiaries?
Yes: These pass outside the estate without probate.
No (or estate is beneficiary): Probate may be required depending on value.
4. Is the total estate value under $25,000?
Yes: You may be able to use small estate procedures or get institutions to release without probate.
No: Probate is likely required.
When in doubt
Call each financial institution holding assets and ask: "What do you need from me to release these funds?" They'll tell you if they require probate or if they'll accept other documentation.
Proof that helps with banks
- Death certificate
- Photo ID for the executor
- A notarized indemnity if asking for funds below threshold
- Copy of the will (if they will review it while you wait for probate)
Read the full BC Probate Guide →
Frequently asked questions
What if the bank says I need probate but the estate is small?
Banks set their own thresholds and policies. You can try asking for a supervisor, providing extra documentation, or trying a different branch. Some banks release small amounts with a notarized declaration and indemnity agreement instead of probate.
Do joint bank accounts need probate?
No. Joint accounts with right of survivorship pass automatically to the surviving owner. The bank just needs a death certificate. The money never becomes part of the estate.
What about RRSPs and TFSAs?
If there's a named beneficiary, these pass directly to that person without probate. If the estate is named as beneficiary (or no beneficiary was named), probate is usually required.
Can I transfer a car without probate?
ICBC has a simplified process for vehicles in estates under $25,000 total value. For larger estates, you'll typically need probate to transfer vehicle ownership.
Need probate?
ProbateDesk prepares all your BC probate forms starting at $799. We handle the paperwork so you can focus on the estate.
Start intake