When you lose a loved one, it can be an emotional and overwhelming time. In addition to grieving, families are often left with the legal responsibilities of settling the deceased’s estate. Executors and family members may suddenly find themselves facing complicated court forms, deadlines, financial obligations, and legalese. At Watson Goepel, our Vancouver estate administration and probate team guides clients through every step of this process with clarity and compassion.
For more than 40 years, our firm has helped families across British Columbia resolve estate matters efficiently. Whether you need assistance applying for probate, administering an estate, or addressing disputes among beneficiaries, we are here to provide the legal support you need to move forward.
To schedule a consultation with our legal team, fill out our online case evaluation form now. With offices conveniently located in Vancouver and West Vancouver, we can help clients across the province.
What is Probate in British Columbia?
“Probate” refers to the legal process where the probate registry at the Supreme Court of British Columbia confirms that a will is valid and authorizes the named executor to act on behalf of the deceased’s estate. Without probate, banks, pension providers, and the Land Title and Survey Authority will not allow an executor to manage or transfer assets.
During probate, the court confirms:
- That the will is the most recent and valid version
- That it was properly signed and witnessed according to BC law
- Who the executor(s) is/are
- Which assets are to be distributed according to the terms of the will
- That all required parties have been given notice of the start of the administration process
Once the probate registry grants probate, the named executor can:
- Access and manage the will-maker’s bank accounts and investments
- Sell or transfer real estate
- Pay outstanding debts and taxes
- Distribute property and assets to beneficiaries
In British Columbia, probate is generally a requirement when the deceased held assets worth more than $25,000 in their name alone. Even when probate is not technically necessary, it is often advised to protect executors from personal liability and to ensure that the will is legally recognized.
The Probate Process in BC
Applying for probate can be a complex process. It typically involves:
- Locating the will and confirming its validity/authenticity
- Preparing a list of the deceased’s assets and liabilities
- Filing probate application forms with the BC Supreme Court
- Providing legal notice to beneficiaries and, in some cases, the Public Guardian and Trustee
- Paying the probate fee (approximately 1.4% of the estate’s gross value)
- Receiving the official Grant of Probate (now referred to as a Representation Grant)
- Beginning the estate administration tasks of an executor, such as paying debts, filing taxes, and distributing property/assets
Any small errors, such as using the wrong wording or failing to file a required form, can result in a rejected probate application and months of expensive delays. Our Vancouver probate team will ensure that the process is handled correctly from start to finish, the very first time.
What is Estate Administration?
Once probate (or a Grant of Administration, if no will exists) is granted, the executor or administrator must manage and finalize the estate. A person’s estate generally consists of all assets and liabilities they solely accumulated and held in their sole name before their passing.
Tasks involved in estate administration may include:
- Collecting and securing the deceased’s assets
- Selling or transferring real estate and other property
- Closing bank accounts and liquidating investments
- Consulting with accountants to file final personal and estate tax returns
- Paying debts, funeral expenses, and probate fees relating to the estate
- Communicating with beneficiaries
- Communicating with financial/investment institutions
- Providing estate accounting documentation
- Distributing any remaining assets to heirs
- And more
This can be a time-consuming and stressful responsibility, particularly if family disagreements arise. Considering that the executor can be held personally liable for any missteps in the administration of the estate, it is advisable that the responsible party work with legal professionals throughout the process.
At Watson Goepel, our Vancouver estate administration team provides clear guidance and hands-on support to minimize stress and help executors fulfill their duties with confidence. Contact us today to discuss your circumstances.
How Does Estate Administration Work if There’s No Will?
If a loved one passes away without a valid will, the estate must be administered according to British Columbia’s intestacy laws, outlined in the Wills, Estates and Succession Act (WESA). In such cases, the court will appoint an individual to administer and settle the estate (often a close family member or trusted confidante).
Administering an intestate estate can be particularly challenging, as disputes about who should serve as administrator or how assets should be distributed are common. Our Vancouver team can guide families through this process and help resolve conflicts before they escalate.
Why Work With Our Vancouver Estate Administration & Probate Team?
Being named as an executor or administrator is a serious responsibility. Without legal guidance, you could be held personally liable for mistakes made in handling the estate. At Watson Goepel, our estate administration team in Vancouver have decades of combined experience guiding families through the entire process.
When you work with our legal team, we offer:
- Experience with BC Estate Law: We are familiar with WESA, probate rules, and all applicable tax obligations related to the estate administration process. We’ll ensure that all actions you take as an executor comply with local laws and regulations.
- Paperwork Management: We will fill out all applications and court filings on your behalf to ensure that they are completed properly. We’ll also keep track of important time limits and deadlines so that your paperwork is submitted without issue.
- Conflict Resolution: Our lawyers at Watson Goepel have experience with mediation, arbitration, and alternative dispute resolution methods, so we can help prevent or resolve disagreements among beneficiaries when they arise.
- Full-Service Support: From the initial probate application to tax coordination and final distributions, we are available to help.
At Watson Goepel, we consider our role as more than just providing legal services to clients. We aim to reduce stress, minimize family conflict, and ensure estates are settled with fairness during difficult times.
Estate Administration in Vancouver: Frequently Asked Questions
How much are probate fees in British Columbia?
Probate fees are generally 1.4% of the estate’s gross value, plus a small flat fee for filing. For example, an estate worth $500,000 would pay about $6,500 in probate fees.
How long does the probate process take?
On average, probate in BC takes several months. For complex estates with many assets or applications with deficiencies, the process can take longer. Working with an experienced lawyer can help to reduce delays.
What should I do if I’m overwhelmed as an executor?
Executors may underestimate the time and responsibility involved with estate administration when they are first named. At Watson Goepel, our Vancouver estate administration team can take on much of the work, guiding you through each step or handling the entire process on your behalf.
Do I need probate if my loved one owned property jointly with me?
Assets held in joint tenancy typically pass directly to the surviving owner and may not require probate. However, probate may still be necessary for other assets, depending on ownership. We can review your specific situation to advise you about your probate obligations.
What if beneficiaries disagree about how the estate should be divided?
Estate disputes are common. At Watson Goepel, we can mediate disagreements and, if necessary, represent you in court to resolve your conflicts.
Contact Our Vancouver Estate Administration & Probate Team Today
At Watson Goepel, we understand that dealing with probate and estate administration is often overwhelming, especially while coping with the loss of a loved one. Our Vancouver estate administration and probate teams offer compassionate, strategic legal guidance to help executors, administrators, beneficiaries, and families manage estates with confidence.
Whether you’re facing a straightforward probate application or a complex estate with multiple properties, business interests, or family conflicts, we are here to help. To schedule a consultation with our legal team, call our head office at (604) 688-1301 or fill out our online contact form today. We serve clients across numerous jurisdictions with respect to assets held in British Columbia.
