The Complete BC Executor Guide (Grant of Probate Duties)

Last updated May 18, 2026 · 3 min read
Quick answer
A British Columbia executor must give at least 21 days' notice to beneficiaries and intestate heirs before applying for a grant of probate at the BC Supreme Court using Form P2, after first submitting a wills notice search. BC probate fees are nil under $25,000, 0.6% between $25,000 and $50,000, and 1.4% above $50,000, plus a filing fee. Executors should also account for the 180-day window for wills variation claims before distributing.

British Columbia hands its executors a step that trips up newcomers to the role before they even reach the courthouse: you generally cannot apply for probate until you have given beneficiaries 21 days' notice. Executors who learn the BC process as they go often discover this after assuming they could file right away, and lose weeks. The province's probate system is navigable without a lawyer, but it rewards doing the steps in the right order.

This guide walks the BC executor's path — the pre-application notice, the grant of probate, the fees, the administration duties, and the wills-variation window that shapes when you can safely distribute. It is general information, not legal advice; larger or contested estates warrant a BC estates lawyer.

The BC order of operations

Unlike some provinces, BC front-loads a notice requirement. Before applying, an executor generally must:

  1. File an Application for Search of Wills Notice with Vital Statistics, even if you hold what you believe is the original last will.[1]
  2. Give written notice of the intended application to beneficiaries and to anyone who would inherit on an intestacy — generally at least 21 days before submitting the application.

Only after that notice period can the probate application go in. Getting the notice list wrong is a frequent cause of rejected or delayed applications, so confirm everyone entitled has been served.

Applying for the grant of probate

A grant of probate is the BC Supreme Court's confirmation that the will is valid and that you have authority to act. You can apply at any registry of the BC Supreme Court, and every application uses Form P2, the submission for an estate grant, with additional forms depending on the circumstances.[2] You do not need a lawyer to apply, though many executors retain one for complex or contested estates. The government's online questionnaire can identify which forms your situation requires.

Probate fees in BC

BC probate fees are set by the Probate Fee Act and based on the gross value of the estate passing under the grant: nothing on the first $25,000, 0.6% on the portion between $25,000 and $50,000, and 1.4% on the portion above $50,000, plus a filing fee for estates over $25,000.[3] Estimate yours with our probate fee calculator, and see probate fees in BC for detail.

Administering the estate

Once the grant issues, the executor's core work mirrors the rest of Canada: notify beneficiaries, inventory and value the assets as of the date of death, pay debts and funeral costs, file the deceased's final tax return, and obtain a Canada Revenue Agency clearance certificate before distributing. Distributing before debts and taxes are settled is how an executor becomes personally liable.

The wills variation window

British Columbia is distinctive in how readily a will can be challenged. Under WESA, a spouse or child — including, in BC, an independent adult child — can apply to vary a will that does not make adequate, just, and equitable provision for them, generally within 180 days of the grant of probate.[4] For an executor, the practical consequence is timing: distributing the estate before that 180-day window closes risks personal exposure if a variation claim later succeeds. Many BC executors hold back distribution, or at least a reserve, until the period passes. The leading authority on how courts weigh these claims is discussed in our explainer on Tataryn v. Tataryn Estate.

Timelines and compensation

BC estates commonly take several months to more than a year. A BC executor is generally entitled to compensation of up to 5% of the estate, plus a possible care-and-management fee, subject to the will and the court's review; compensation is taxable income. For timing detail, see how long probate takes in BC.

What we focus on at It's Simple Will

The Will Creator helps will-makers leave a clear, valid will and organized records, which shortens almost every step above for the executor. For the mechanics of the grant itself, see our guide on the grant of probate in BC.

Citations & sources

  1. [1]After a death — Deal with wills and estates (British Columbia) — Government of British Columbia
  2. [2]Supreme Court Civil Rules — probate forms — Government of British Columbia
  3. [3]Probate Fee Act, SBC 1999, c 4 — BC Laws, Government of British Columbia
  4. [4]Wills, Estates and Succession Act, SBC 2009, c 13 (incl. s 60 wills variation) — BC Laws, Government of British Columbia

Frequently asked questions

What must a BC executor do before applying for probate?

Give written notice of the intended application to beneficiaries and anyone who would inherit on an intestacy, generally at least 21 days before submitting the application, and file an Application for Search of Wills Notice with Vital Statistics — even if you hold the original will. Only after the notice period can the application be submitted.

Where and how do I apply for a grant of probate in BC?

At any registry of the British Columbia Supreme Court. Every application uses Form P2, the submission for an estate grant, with additional forms depending on the circumstances. You do not need a lawyer to apply, though many executors use one for larger or contested estates.

How much are probate fees in BC?

There is no fee on the first $25,000 of estate value, 0.6% on the portion between $25,000 and $50,000, and 1.4% on the portion above $50,000, plus a filing fee for estates over $25,000. Fees are based on the gross value of the estate passing under the grant.

What is the 21-day notice for?

It gives beneficiaries and potential claimants advance warning so they can raise concerns before the grant issues. Skipping or mishandling the notice is a common reason BC probate applications are rejected or delayed, so confirm everyone entitled to notice has received it.

Why does the 180-day wills variation window matter to an executor?

Under WESA, a spouse or child can apply to vary the will within 180 days of the grant of probate. An executor who distributes the estate before that window closes risks personal exposure if a successful variation claim later changes who gets what. Many executors hold back distribution until the period passes.

How long does it take and is the executor paid?

Often several months to over a year. A BC executor is generally entitled to compensation of up to 5% of the estate plus a possible care-and-management fee, subject to the court and the will. Compensation is taxable income.

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