What paperwork do I need to file for probate?
As the executor, will I have to appear in court? Can I do the paperwork myself?
Samira
Coquitlam, BC
As the executor in someone’s will, you may need to apply for a grant of probate. This document certifies that the will is legally valid and can be acted on. The application involves a lot of paperwork. It's rare you'd have to appear before the court. But you will have to visit a probate registry to file your documents.
The process starts with giving notice to certain people that you intend to apply for probate.
For the application itself, a typical package of probate documents includes:
Submission for estate grant (form P2), which gives details about your application.
Affidavit of the applicant (form P3 or P4), which identifies your relationship to the deceased.
Affidavits of delivery (form P9), which confirm that notice was given to everyone required.
Affidavit of assets and liabilities (form P10 or P11), which sets out all the estate assets and liabilities.
The original will (and two copies) — or if the original doesn't exist, a copy of the will together with evidence that it's the valid will.
A certificate of wills search, which you can get these by searching the wills registry.
Additional documents may be required, depending on the circumstances. Examples include forms to deal with issues relating to the will or dispensing with notice.
The BC government website has all the probate forms and instructions on saving and opening the forms. Probate registries are located in courthouses across the province.
While there is a lot of paperwork involved (and persistence required), many people take on the task themselves. To help, we walk you through the steps to apply for probate, and offer tips for filling out probate forms.
Fausta L. Mauro
Warner Bandstra Brown