Common Questions

I’m applying for probate; where can I find the forms required?

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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, and the forms and the procedure changed on March 31, 2014.

A typical probate application under Supreme Court Civil Rule 25 will include:

  • A submission for estate grant in Form P2.
  • An affidavit of the applicant in Form P3 (for a simple estate) or Form P4 (for a complex estate).
  • Two copies of a certificate of wills notice search, which is requested through an Application for Search of Wills Notice Form from the Vital Statistics Agency.
  • Affidavit(s) of delivery, in Form P9, that confirm that notice of the application was delivered to all persons to whom notice must be given.
  • An affidavit of assets and liabilities from the applicant in Form P10 or Form P11.
  • The originally-signed version of the will, or if the original does not exist, a copy of the will.
  • Payment of probate fees.

Additional documents are required to deal with issues relating to the will, dispensing with notice, the executor renouncing their executorship, and various unusual applications. The full set of probate forms is on the Ministry of Justice's website. 

For more detail on the documents required, an excellent resource is the BC Probate and Estate Administration Practice Manual, published by the Continuing Legal Education Society of BC, and available at Courthouse Libraries across BC. 

For an explanation of probate procedures, see the CD-ROM of British Columbia Probate Kit; Everything you need to probate or administer an estate 4th edition, 2015, from Self Counsel Press.


See our related common questions:

 

Last reviewed March 2016

tags
estates, probate, probate registry, probating a will, filling out court forms, probate forms