Getting a BC probate application right the first time
A probate registry that finds a problem sends the application back, and every round trip costs weeks. Most returns come from a short list of avoidable mistakes.
1. Give notice to everyone, then wait 21 days
Before applying, you must deliver a notice of proposed application (Form P1), with a copy of the will, to everyone Rule 25-2 of the Supreme Court Civil Rules lists. For an estate with a will that includes, among others, the executors and alternate executors with an equal or prior right to apply, every beneficiary, the spouse and children of the deceased, and anyone who would have inherited if there had been no will.
The application cannot be filed until at least 21 days after that delivery (Rule 25-2 (2.1)). The court can shorten the wait, but that takes an application of its own. Filing early is not a shortcut.
If someone entitled to notice is a minor, the rule says who receives it on their behalf, usually the parents they live with. Notice to the Public Guardian and Trustee may also be required for minors and for adults who may be incapable; if you are unsure, ask the Public Guardian and Trustee before you file.
If the will is an electronic will, anyone you notify can demand it in its original electronic form, and you then have 7 days to provide it or give access.
2. Search for wills notices under every name
The application needs two copies of a wills notice search certificate from BC Vital Statistics. Search under every name the deceased used: the name on the application, any name in the will, and any name they held property under. Registries look for this, and a search that misses a name is a common reason for a return.
3. Choose the right affidavit
The applicant swears an affidavit about themselves and the will. For a grant of probate it is Form P3 in a straightforward case and Form P4 when something needs explaining: a copy rather than the original will, alterations, or a question about how it was signed. Form P5 is for administration where there is no will. Where two people apply, one can swear the main affidavit and the other a supporting affidavit in Form P8.
Treat the original will as evidence. Do not unstaple it to copy it; if it has been unstapled, the registry will want an explanation, and you will be in Form P4 territory.
4. Fill every space
A blank looks like missing information. Where something does not apply, registries generally accept “none” or “nil”. Some parts of the forms expressly say not to write “not applicable”; there, say briefly why the paragraph does not apply.
Use names exactly as they appear in the will, and where a name is spelled differently or has changed, say so: “Jane Smith, named in the will as Jane Smyth”.
5. Get the assets right
The affidavit of assets and liabilities (Form P10, or Form P11 if the deceased was not domiciled in BC) lists what passes to you under the grant, valued at the date of death. Jointly held property that passes to the survivor, and accounts or policies with a named beneficiary, usually pass outside the estate. The registry uses this form to calculate the probate fee; the fee calculator shows the arithmetic.
If an institution will not tell you what the deceased held, you can file everything except the assets affidavit and ask the registry for an authorization to obtain estate information (Form P18). If you later find the affidavit was wrong or incomplete, file a supplemental affidavit in Form P14 promptly.
6. If an executor is not applying
An executor who does not want to act can renounce in Form P17, which is filed with the application. If you are applying as an alternate executor, the application should explain why the executor named first is not applying; leaving it out invites a return.
7. Check it the way the registry will
Before filing, read every form against the others: the same names, the same dates, the same list of people. Make sure each affidavit is properly sworn and each exhibit is marked. If the registry does find a deficiency, it will usually say what it needs, and the answer is often a short correcting affidavit rather than a fresh application.
General information for British Columbia, current to September 2026. It is not legal advice. Forms and registry practice change; confirm current requirements before you file.