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Common Questions

Where can I find BC Probate rules?
Last reviewed in October 2020 by 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 Part 25 — Estates, of the Supreme Court Civil Rules .

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

Need more help?

  • If you have more questions or need further help, please see the Get Help services that are available via the Courthouse Libraries BC Wills Resources page.

  • Lawyer Referral Service, from Access Pro Bono, offers a free initial consultation of up to 30 minutes with a lawyer.

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