Probate is British Columbia’s process for confirming a will and authorising someone to act. It does not decide who inherits — it authorises the person who gathers and distributes.
Cost and process in British Columbia
| Item | British Columbia |
|---|---|
| Governing statute | Wills, Estates and Succession Act (WESA) |
| Court | Supreme Court of British Columbia |
| Handwritten (holograph) wills | Not valid as a category — BC requires wills to be signed and witnessed by two people. Section 58 gives the court a curative discretion to give effect to a non-compliant document, but that is a court application, not a right. |
| Probate cost | Roughly 1.4% on larger estates — charged in bands above a $25,000 threshold. |
| Spouse’s share on intestacy | The spouse first takes the household furnishings outright, then a preferential share of $300,000 where all of the intestate’s descendants are also the spouse’s, or $150,000 where they are not. The residue after the preferential share is then split one half to the spouse and one half to the descendants. |
| Will registry | A government Wills Registry run by the Vital Statistics Agency. Filing a wills notice costs $17; it records only where a will is kept, never the will itself. Searching costs $20 per name (plus $5 an alias, $33 for courier), and after a death anyone may apply with a death certificate — results in 20 business days by mail, or next business day by courier. If you are looking for a will in BC, search this first: it is cheaper than any private service, ours included. |
| Claims against the estate | Section 60 of WESA permits a spouse OR a child — including an independent adult child — to apply to vary a will that fails to make adequate provision. This is the broadest such regime in Canada. |
What the executor has to do
- Locate the original will and confirm it is the latest one.
- Apply to the court for authority to act.
- Identify and secure the assets; notify institutions.
- Pay funeral expenses, debts and taxes — including the deemed disposition on death.
- Obtain a CRA clearance certificate before distributing.
- Distribute, and account to the beneficiaries.
An executor who distributes before debts and taxes are settled, or who fails to search properly for a will, can be held personally responsible. This is the reason a documented search matters.
The Islamic order of payment
Classical fiqh sets the same sequence Canadian administration follows in practice: funeral expenses first, then debts, then the wasiyyah up to one third, then the faraid shares. An unpaid mahr ranks as a debt of the estate, ahead of any bequest or inheritance.
Common questions
How long does probate take?
Commonly several months to over a year, depending on the court's backlog, the complexity of the estate, and how quickly a CRA clearance certificate is issued.
Can the funeral be paid before probate?
Usually yes. Most financial institutions will release funds from the deceased's account for funeral expenses specifically, which matters given how quickly a janazah takes place.
Does every estate need probate?
No. Estates consisting only of jointly held property and assets with named beneficiaries may avoid it entirely. That is avoidance of PROBATE; whether those assets also fall outside the faraid shares is disputed among contemporary scholars, and several fatwa bodies say it does not.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- What to do when someone has died — Canada Revenue Agency
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Probate fees by province / territory — TaxTips.ca
- Wills Registry — Province of British Columbia
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Deemed disposition private company shares death canada — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Distribute estate before clearance certificate ontario — Treadstone Law
- What happens if will not signed properly ontario — Treadstone Law
- How cra values assets deemed disposition death canada — Treadstone Law
- Wills & estates practice — Treadstone Law