Probate is the legal process through which the BC Supreme Court confirms the validity of a deceased person’s will and the authority of the executor to administer the estate. Where there is no will, or no executor able to act, a different type of estate grant may be required to appoint an administrator.
Probate is part of the broader estate administration process. This can include identifying and valuing the deceased person’s assets, determining the estate’s debts and liabilities, paying outstanding debts and taxes, and ultimately distributing the remaining assets to the beneficiaries.
Estate administration in British Columbia is governed primarily by the Wills, Estates and Succession Act (WESA).
The time required to obtain probate can vary considerably depending on the circumstances of the estate and the completeness and complexity of the application. For this reason, it is difficult to predict exactly how long the process will take.
Can an Estate Property be listed before probate has been granted? In some circumstances it may be possible, but this should not be assumed automatically. BCFSA advises that if a grant of probate or administration has not yet been obtained, the executor or administrator may not yet have the legal authority to sign a listing agreement or enter into a Contract of Purchase and Sale, and independent legal advice should be obtained before proceeding.
Where the deceased remains the registered owner of the property, the appropriate estate grant must be obtained and the title transmitted into the name of the executor or administrator before title can ultimately be transferred to a buyer. If a sale is arranged before this process is complete, the Contract of Purchase and Sale may require appropriate estate conditions and timelines dealing with probate and the transmission of title.
