As a multidisciplinary practice that has supported Vancouver & Kerrisdale residents since 1952, Munro & Crawford has the experience and versatility to guide you through the present and support your future.
We appreciate that post-probate can be a complex and even confusing period. Our friendly, considerate team of probate lawyers will offer you personalized guidance to ensure you can navigate this difficult time with confidence. If you’re looking for a probate lawyer in Vancouver & Kerrisdale that puts your needs first, we’re here for you.
What is Probate?
Probate is an essential process following the death of a loved one. It involves validating the deceased person’s Will with the court and ensuring their estate and assets are dispersed in line with the deceased’s wishes.
Probate may still be necessary if your loved one has passed away without leaving a Will. In that case, the court will appoint an estate administrator. The administrator will then apply for a grant of administration, giving them permission to administer the deceased’s estate as they see fit.
In British Columbia, the probate process is overseen by the Supreme Court. Once the Will’s appointed executor submits all the necessary documentation to the BC Probate Registry, the registry will review the documentation and approve or reject it. If approved, the executor will receive a Grant of Probate for British Columbia. This enables them to distribute assets in accordance with the deceased person’s wishes.
So you know what to expect when you probate a Will, here’s an overview of the process:
1. You conduct a search for a Wills Notice through the Vital Statistics Agency in order to locate the Will.
2. The Will’s executor (as nominated by the deceased individual) prepares and submits the probate application, completing several forms including:
a. Form P1: Notice of Upcoming Estate Application
b. Form P2: Estate Grant Application
c. Form P3: Short Form Affidavit for Probate or Administration Grant with a Will.
d. Form P4: Long Form Affidavit for Probate or Administration Grant with a Will.
e. Form P8: Supporting Affidavit for Estate Grant Application
f. Form P10: Affidavit of Assets and Liabilities for Domiciled Estate Grant
3. The Will’s executor notifies any beneficiaries who have been named in the Will. This process also involves sending a copy of the Will to these beneficiaries.
4. The Will’s executor now submits the probate application to the BC Probate Registry. Any additional fees Probate can be paid at this point.
5. The BC Probate Registry reviews the application. Once the application is granted, the Will’s executor can then carry out the remaining responsibilities on the Will, such as distributing assets and closing the estate.
Probate can be a challenging process, and oftentimes filling out complex contracts is the last thing you want to think about while mourning the passing of your loved one. Munro & Crawford can help simplify the process by offering personalized support tailored to your needs and wants. Get in touch for a quick call to talk with a friendly probate advisor today.
Why You Need a Probate Lawyer
Navigating the probate process can be complicated. The challenges of collecting legal documentation for your probate application, the stress of meeting deadlines, and the difficulties of resolving disputes mean probate can be incredibly time-consuming and, at times, feel rather frustrating.
As experienced probate lawyers in Kerrisdale and Vancouver, we understand the law and know how to make the probate process as straightforward as possible. Here are a few of the ways we can offer support.
- Simplifying the process: We can handle the legal paperwork, prepare your documentation, and review your probate application for your peace of mind.
- Accurate documentation: We’ll ensure that every form is accurate in accordance with your loved one’s wishes, helping you avoid frustrating rejections and delays.
- Personalized guidance: Whether you want us to act as your sole executor or simply provide advice as you work through the process yourself, we’ll be there for you.
- Managing disputes: We’ll help you navigate and resolve any complications and disputes to make sure your loved one’s wishes are honoured.
- End-to-end support: As a multidisciplinary law firm, we can help you with every aspect of estate administration, whether that be planning the funeral, helping with moving/storage, dealing with tax and liabilities, creating your Will, or appraising valuable items.
Whether you’re searching for a resolution to a large and contested Will, or you’re simply looking to take some of the weight off your shoulders during this challenging period, Munro and Crawford can help. Get in touch with our team of attorneys today.
Contact Our Expert Vancouver Probate Lawyers Today
If you’re looking for a ‘probate lawyer near me’ to support you through probate, our approachable Vancouver solicitors will guide you through the process from start to finish.
If you’d like to arrange a chat with one of our friendly advisors, you can schedule a consultation today. Alternatively, feel free to call us directly to talk about your circumstances.
Once we’ve talked through your options, we’ll start the process immediately, offering personalized guidance to help you negotiate probate with confidence.
Frequently Asked Questions About Probate & Vancouver Probate Lawyers
Is probate required if my loved one left no Will?
Even if your loved one didn’t create a Will, you may need to go through the probate process to determine who will become the manager of the deceased’s estate. The court will appoint an administrator, and that administrator must then apply for a Grant of Administration with the BC Probate Registry. This process will eventually give the administrator permission to distribute the loved one’s assets, pay off any outstanding debts and taxes, and close the estate.
How long does probate usually take in British Columbia?
From our experience, the whole process usually takes around six months. However, this largely depends on the complexity of the Will and whether there are any disputes. Working with a qualified probate lawyer can significantly speed up this process, as it ensures every form is filled out correctly the first time.
What assets are not subject to probate in BC?
Probate isn’t required for any assets that pass ‘outside’ of the deceased individual’s estate. For example, any assets that have a named beneficiary typically bypass probate and won’t form part of the estate. In addition, property that was transferred into trust during the individual’s lifetime will be distributed in accordance with the trust arrangement without going through probate. And lastly, any gifts given during the loved one’s lifetime are not subject to the probate process.
How long does an executor have to settle an estate in BC?
There isn’t a hard and fast deadline. That said, the general rule is that the estate trustee has an ‘executor’s year’, that being one year to gather all assets and close the estate. This process will begin following the date the probate application succeeds.
What should I look for in a probate lawyer in Vancouver and Kerrisdale?
Alongside having a wealth of experience and a track record of providing outstanding service to clients, we believe the most important quality for any probate attorney to possess is compassion. Probate is an emotional and challenging time—look for a probate lawyer that puts you first and is ready to personalize their support to meet your needs.
