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During probate, it is important to file all the right documents

There are many responsibilities assigned to the executor of an estate. Of these, probate is perhaps the most important, as it precedes all other aspects of administering the estate. In order for probate to proceed in British Columbia, several important documents must be submitted.

The Submission for Estate Grant provides the court with some relevant details about the application. An Affidavit of the Applicant identifies the executor and makes clear his or her relationship with the testator. This does not necessarily mean a family connection, although that is common. An executor does not need to be a family member.

Many people need to be notified of an application for probate, and the Affidavits of Delivery confirm that these tasks have been completed. The Affidavit of Assets and Liabilities is the most complicated submission for many estates, being comprised of a full list of all the assets and liabilities of the estate. It's made up of three sections: one for real property, a second for personal property and a third for liabilities.

Not surprisingly, the executor has to produce the original will, signed by the testator. Should the original not be available, a copy can be substituted. Lastly, the executor is required to submit two copies of a Certificate of Wills Search. After searching the Wills Registry, which is run by the Vital Statistics Agency, this certificate will be granted.

Typically, an uncomplicated probate in British Columbia will take about two or three months to complete. Nevertheless, for some people it may seem a complex and time-consuming task. Assistance with probate, and other duties of the executor, can be sought from attorney.

Source: Clicklaw Wikibooks, "Probating the Will", Accessed on Feb. 6, 2017

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