Last reviewed in February 2023 by the Clicklaw Editors.

The Supreme Court Civil Rules dealing with probate and administration (“Probate Rules”) were amended to reflect changes brought about by the enactment of the new BC Wills, Estates and Succession Act and to generally modernize the application process. The Probate Rules are now found in the Supreme Court Civil Rules - Part 25 - Estates.

Probate is a legal procedure that confirms the validity of the will and that you have the authority to act as executor. Be aware that you don't always have to apply for probate. It depends on the type of assets in the estate. Certain assets can be passed down without requiring probate - an example would be land owned in joint tenancy with another person.

An executor of a will may need to apply for probate in order to distribute the estate. (See "I am the executor of a will and am doing the work myself" for starting points on what is involved in probating a will.) The probate procedure includes submitting special forms and the will to the Probate Registry of the Supreme Court. There are a number of forms and considerable detail involved.
 

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See our related common questions:

• I’m applying for probate; where can I find the forms required?
• How do I know if a will has been probated?
• See all common questions about wills & estates

tags

probate, probate registry, probate process, probate rules, bc probate rules, wesa, probating a will, bc probate registry, supreme court civil rules