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Letters of administration in BC: who can apply when there’s no will

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 11, 2026

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Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 130, 131) and the Supreme Court Civil Rules, Part 25, checked that day.

“Letters of administration” is the older name for what BC now calls a grant of administration: the court’s appointment of someone to run an estate when there’s no will.

Who applies: first the spouse, then a child with the consent of most of the children, then others, in the order in WESA s. 130.

Forms: mainly P2, P5 (affidavit of applicant), P9 and P10 or P11.

Order of priority · Book a consultation

The lawyers who handle these estate files

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.

Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.

When someone dies in BC without a valid will, nobody has automatic authority over their estate. A family member applies to the Supreme Court for a grant of administration, often still called “letters of administration”. The person appointed, the administrator, has the same job as an executor: collect the assets, pay the debts and distribute what’s left, but under BC’s intestacy rules rather than a will. WESA sets the order of who can apply: the spouse first, then a child who has the consent of most of the children, and so on. The process is similar to probate, with a notice, a 21-day wait and an application, but uses different affidavit forms and may need consents from other family members.

Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, prepares applications for administration when there is no will; this guide is by Sundeep S. Grewal.

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Who can apply: the WESA s. 130 order

  1. The spouse, or a person the spouse nominates.
  2. A child with the consent of a majority of the children.
  3. A person nominated by a child, with the consent of a majority of the children.
  4. A child without the majority’s consent.
  5. Another intestate successor with the consent of those representing a majority in interest.
  6. Another person with that majority consent.
  7. An intestate successor without that consent.
  8. If the estate would pass to the government, a person the government nominates.
  9. Anyone else the court considers appropriate, including the Public Guardian and Trustee with its consent (WESA s. 130).

No consent form is prescribed, but if the family isn’t united, get consents in writing so no one can later say they didn’t agree. An application by “any other person” under s. 130(g) goes to the court for an order. Who inherits is a separate question: see who inherits without a will in BC.

Administration vs probate

The grants compared
Grant When Who
Grant of probate A valid will names an executor who applies The executor
Grant of administration with will annexed A will exists, but no named executor can or will act Usually a beneficiary with majority consent (s. 131)
Grant of administration (letters of administration) No valid will In the s. 130 order

The steps

  1. Order the death certificate and a wills notice search to confirm there’s no will.
  2. Work out who has priority and get any consents needed.
  3. Deliver the notice of proposed application to those entitled, and wait 21 days.
  4. File the submission (P2), affidavit of applicant (P5), affidavit of delivery (P9), and affidavit of assets and liabilities (P10 or P11), with the fees.
  5. Receive the grant, then administer and distribute under WESA’s intestacy rules.

Fees and timing are the same as for probate: see probate fees and how long it takes.

Mistakes I have seen

  • An adult child applying without the other children’s consent, then facing an objection.
  • Assuming the spouse inherits everything, when WESA divides the estate with the children.
  • Starting to deal with assets before the grant, without authority.

Frequently asked questions

Are “letters of administration” the same as a grant of administration?

Yes. BC’s rules now use “grant of administration”; “letters of administration” is the older term still widely used.

Can two people be administrators?

Yes, administration may be granted to one or more people in the s. 130 order.

What if family members disagree about who should apply?

The s. 130 order and majority consents usually decide it. If not, the court can be asked to appoint someone.

What should I do right now?

Confirm there’s no will, list the spouse and children (or other next of kin), and talk with them about who will apply.

Book a consultation with our probate lawyers in Surrey, Abbotsford or Vancouver.

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Sources

This article is general information about BC law, not legal advice for your situation.