Do I need Probate in BC? Checklist for Executors
After someone dies, families often assume “we have a will, so we’re fine.” But in British Columbia, the real question is usually: Will the institutions holding the assets require probate (a court-issued Grant of Probate) before they will release or transfer them?
In BC, whether probate is needed depends on the assets and the institutions holding them. Some institutions may require a court-issued grant before releasing or transferring assets.
You may need probate in BC if the deceased owned assets in their name alone and a bank, institution, or registry requires proof of legal authority to deal with the estate. The proof is usually in the form of an estate grant, often a Grant of Probate when there is a Will. Institutions rely on probate because it confirms who the court recognizes as the estate’s legal representative, helping them avoid transferring funds or property to the wrong person.
Step 1: Start with an asset list (this decides everything)
Make a simple list of:
Probate is ultimately about authority to deal with assets. Some assets pass outside the estate, while others do not.
Step 2: These assets commonly trigger probate in BC
Sole-owned BC real estate (house, condo, land)
If the deceased owned real property in their name alone, you will often need a court-issued Grant of Probate before you can transmit title into the executor’s name to sell or transfer.
Bank and investment accounts (institution dependent)
Even with a valid Will, many banks and financial institutions will require a Grant of Probate before releasing funds. Requirements vary by institution.
Manufactured homes
If the deceased owned a manufactured home in their name alone, you will often need a court-issued Grant of Probate before you can transmit title into the executor’s name to sell or transfer.
Step 3: These assets often do not require probate
Jointly owned assets (with right of survivorship)
When assets are held in joint tenancy, they typically pass to the surviving joint owner(s) outside the estate, so probate may not be required for that asset. However, joint ownership isn’t always straightforward, and in some situations the assets may still be treated as part of the estate. Exceptions can apply, especially if the joint owner was added for convenience rather than as a true gift.
Accounts with named beneficiaries
Assets with beneficiary designations, like life insurance and many registered plans, often pass directly to the named beneficiary outside the estate.
Step 4: Grey areas that may be included in probate
Even when you think probate is not needed for certain assets, these situations often justify legal advice:
What to do next
If your asset list suggests probate is likely, your next step is to confirm with the institutions whether a Grant of Probate is needed.
If you need help with applying for a Grant of Probate in British Columbia, you are welcome to contact us for assistance. We assist executors locally in Terrace and Northwestern British Columbia, as well as executors located throughout British Columbia, across Canada and in other countries.
