If you’ve been named as an executor, one of the first roadblocks is usually the paperwork. It is not always obvious what the court needs, what you can gather on your own, and what tends to cause delays.
This guide walks through the key documents required to apply for probate in British Columbia, with a focus on what you will actually need to prepare a probate application.
Start with the original will
If there is a will, the court generally expects the original signed version, not a scanned copy.
The court reviews the will to confirm it was properly signed and witnessed. If the will looks altered, damaged, or unusual in any way, you may need to provide additional sworn information explaining the condition of the document. This can include situations where staples were removed, pages look replaced, or markings raise questions.
If there is no will, the process changes. Instead of applying for probate, a qualified person applies to become an administrator of the estate.
The official document confirming the date of death
For probate purposes, the court requires an official document confirming the deceased person’s date of death. This is a standard part of the probate package and supports the information included in the court forms.
Most executors obtain multiple certified copies because banks and other institutions often request them as well.
The probate application forms (BC Supreme Court)
Probate in BC is handled through the BC Supreme Court, and the application includes several court forms. These forms tell the court:
- Who is applying to act as executor
- Who the beneficiaries are
- What assets and debts make up the estate
- Whether required notices were delivered
Common forms and sworn documents often include:
Application for Grant of Probate
This is the formal request for the court to issue the grant.
Affidavit of the applicant (executor)
A sworn statement confirming key details about the will, the deceased, and the applicant’s role.
Submission for Estate Grant
A summary-style document used for the court’s review.
Inventory of Assets and Liabilities
This is one of the most important parts of the application and often the most time-consuming.
Proof that beneficiaries were notified
In BC, notice requirements matter. If notices are missed or delivered incorrectly, it can delay the application.
The Inventory of Assets and Liabilities (what you must list)
Executors are expected to prepare a detailed inventory that includes estate assets and debts.
Examples of assets include:
- Real estate owned solely by the deceased
- Bank accounts and investment accounts
- Vehicles
- Business interests
- Personal property with meaningful value
Examples of liabilities include:
- Credit cards and lines of credit
- Personal loans
- Taxes owing
- Other outstanding debts
The values listed are important because probate fees are tied to estate value. If values are incomplete or inaccurate, it can lead to delays or additional follow-up.
Supporting documents that may be required
Some estates require extra paperwork depending on the circumstances. Common examples include:
Renunciation forms
If more than one executor is named and someone does not want to act, the court may require formal documents confirming that decision.
Affidavits addressing unusual issues
If the will is missing pages, appears changed, or has anything that might raise questions, additional sworn statements may be needed.
Documents relating to prior wills
If there are multiple versions of a will or disputes about which will applies, you may need to address that in the application materials.
Translations
If key documents are not in English, translations and supporting affidavits may be necessary.
Common paperwork mistakes that slow probate down
A lot of probate delays come from issues that are fixable. The most common ones include:
- Using a copy of the will instead of the original
- Incomplete asset lists or missing valuations
- Incorrect names or inconsistencies across documents
- Missing signatures on affidavits
- Problems with beneficiary notice requirements
If the court rejects the application for corrections, that can add weeks or months.
Final thoughts
Probate in BC can be straightforward, but the paperwork needs to be done carefully. If you are gathering documents and you are not sure what applies to your situation, getting advice early can save time and reduce the risk of delays.
If you need help preparing or reviewing probate documents, Lawgical Law Corporation can guide you through the process with clear steps and practical support.