Being the executor of a will comes with several challenges. Having to probate the estate can increase these challenges, leaving the executor feeling overwhelmed. However, like most everything, there is a method to the madness one may feel when probate is at issue. The best advice is to remain calm, seek help from an experienced lawyer, and tackle each step as it comes.
While not all wills must be probated, those involving more than $25,000 in assets will typically go through probate. To help you approach this process in a logical and methodical way, here are some of the most important tasks you will face in your important role as estate executor.
First, you will have to issue notifications that you are applying for probate by completing the legal form, P1, Notice of Proposed Application in Relation to Estate. Mail copies of this form along with copies of the will to: each beneficiary of the will, each executor or alternate executor, the will-maker's dependents (spouse, children, etc.) and any person who might have a share in the estate had no will been created.
After you have sent your notifications, you must wait at least 21 days before you can submit your application for probate to the court. You can use this time to complete the necessary probate documents including Submission for Estate Grant, Affidavit of the Applicant, Affidavits of Delivery, Affidavit of Assets and Liabilities, the original or a copy of the signed will and copies of a Certificate of Wills Search. You must also pay the court filing fee.
While this post has addressed the basic steps you must take to probate the deceased's will, you likely still have numerous questions. The best way to get the answers you need is to contact a lawyer serving the British Columbia province and schedule a consultation. You will appreciate the professional guidance a lawyer can provide during probate.
Source: People's Law School, "Being an Executor | Probating the Will," accessed Feb. 22, 2016