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Probate FAQs

(Frequently Asked Questions)
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  1. My sister just died and she named me as executor. What do I bring to the lawyer's office?

  2. What's the difference between probate and estate administration?

  3. Do I have to pay any inheritance tax?

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1. My sister just died and she named me as executor. What do I bring to the lawyer's office?

When you hire a lawyer, you can save time and money if you go prepared. You should bring with you the following:

  1. the original will and any codicils (amendments), if you have located them;

  2. any notes or memoranda regarding funeral arrangements or dealings with assets;

  3. deceased's birth, marriage, and death certificates, and social insurance number;

  4. bank books or statements, up to the time of death;

  5. a list of properties owned by the deceased, with the addresses and copies of the titles, if available, together with approximate values;

  6. details of any motor vehicles or boats, including model, year, and registration numbers;

  7. contents of the safety deposit box;

  8. details of any other assets not listed above;

  9. a list of liabilities of the deceased, including funeral expenses, as complete as you can determine, together with approximate amounts;

  10. income tax returns for the past five years, and the names of any financial advisors;

  11. an outline of the deceased's family tree, and relatives' names, ages, occupations, and present addresses, and any other significant relationships with people who may be listed in the will;

  12. a list of banks where the deceased may have had accounts, RRSPs, or other investments.

You should also be prepared to discuss the deceased's mental state at the time of writing the will (if known), her relationship with relatives, and whether or not there are likely to be any disappointed parties who may seek to challenge the will in order to seek a portion of the estate.

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2. What's the difference between probate and estate administration?

If there's a will, the person named in it as the executor (or executrix, if she's a woman) must apply for a court order called "a grant of letters probate." Once granted, the executor manages and distributes the estate according to the will's instructions.

If there is no will, an interested party (usually a close relative) may apply for a similar order, called a grant of "letters of administration." If successful, that person is called the administrator (or administratrix). An administrator manages and distributes the estate according to the Estate Administration Act.

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3. Do I have to pay any inheritance tax?

If you are and the deceased was a B.C. resident, and all the property in question is located in B.C., you don't have to pay any inheritance tax. However, you may have to pay probate filing fees. The law in this area is changing. Please check our "Fees" section for more information.


More questions?

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Legal disclaimer:  The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions.

Last updated: August 18, 1999
© copyright 1999 Lawyers-BC.Com Services Ltd.