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How to Probate a Will in BC, Canada

    • 1). Determine if the will is in fact the decedent's current and valid will. Check with your local Vital Statistics Agency to conduct a will search. Obtain a certificate from your Vital Statistics Office that the will search was conducted. The search will reveal any records of the decedent's will and where it is kept.

    • 2). Send notice to any potential beneficiaries that the decedent has in fact died and the decedent's will is to be put through the probate process. Attach a copy of the will with the notice. Beneficiaries include the decedent's spouse, children, immediate family, and people that will take under the will.

    • 3). List and inventory the assets and liabilities of the decedent's estate. You must value the decedent's property and possessions and determine any liabilities or debts that the decedent owes. This list will be used in the application you must provide to a probate court to open the case.

    • 4). Apply for an application for probate in the probate court sitting in the county where the decedent lived. Applications are available in the court; ask the clerk for a copy. Bring with you the certificate of a will search, a copy of the will, an affidavit (sworn statement) that you diligently tried to ascertain the assets and liabilities of the estate and that you notified potential heirs. Each of these items must be included with your application.

    • 5). Pay the Probate fee. As of 2010, the fee was $208 Canadian Dollars. Follow the schedules and orders set by the judge assigned to your case.

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