Frequently Asked Questions

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They are usually talking about one of three things depending on the context.

Most commonly, it refers to the legal document issued by the court (the Grant of Probate) that gives an executor the official authority to manage a deceased person's estate.

In everyday conversation, people also use "probate" as a blanket term to describe:

• The Court Process: The entire procedure of submitting a will to the BC Supreme Court, proving its validity, and waiting for approval.
• The Taxes/Fees: The actual money paid to the government to process the estate, if required.
• Estate Administration as a Whole: People frequently use "probate" to describe the entire job of wrapping up a person's life—even when there is no will and the technical term is actually "administration."

In short, while it technically means "proving the will in court," most people use it as shorthand for the formal paperwork, fees, and court clearance required to handle a deceased person's assets.

Grant of Probate (With a Will): Issued when a valid will exists. The court confirms the will is legal and authorizes the Executor named in that will to carry out the deceased’s wishes.

Grant of Administration (Without a Will): Issued when someone passes away without a will (or if the named executor cannot do the job). The court appoints an Administrator (usually a spouse or close relative) to manage the estate. Because there are no written instructions, the assets must be distributed according to BC’s strict legal formulas under the Wills, Estates and Succession Act (WESA).

Because we are not a lawyers, we cannot give legal advice or handle contested estates. If your family is facing a complex legal dispute or an aggressively challenged will, you will need to hire a lawyer.

However, for the vast majority of families dealing with a straightforward estate, the process isn't a complex legal battle—it's a mountain of meticulous BC Supreme Court paperwork. At ProMates.ca, we act as your administrative partners. We handle that exact same tedious paperwork, ensuring everything is filled out correctly, organized, and ready for court submission—at an affordable, transparent flat rate. 

To help you understand the requirements, determine if court approval is necessary, and see if you qualify to apply, please refer to the free legal guides provided by the People’s Law School Dealing with an Estate Hub.

If you determine that a court grant is required for your situation, ProMates.ca can handle the extensive paperwork for you. We will prepare your entire BC Supreme Court application package—including the Submission (Form P2), Affidavit of Applicant (Form P5), and the Statement of Assets and Liabilities (Form P10)—ensuring everything is completed accurately at an affordable, flat rate. Give us a call.

If your probate situation becomes complicated—such as a family member formally contesting the will, a dispute arising among beneficiaries, or someone filing a Notice of Dispute with the BC Supreme Court—the very first step is to pause and seek professional legal counsel. 

Because ProMates.ca is a specialized administrative service, we handle straightforward, uncontested estate paperwork. We cannot provide legal advice, represent you in a dispute, or navigate adversarial court proceedings.

If things get complicated, here is the best way to handle it:

1. Do not panic, but act quickly: British Columbia has strict legal timelines for estate disputes (for example, a Wills Variation claim under the Wills, Estates and Succession Act must typically be filed within 180 days of probate being granted). 
2. Consult an estate litigation lawyer: You will need to transition your file to a qualified lawyer who specializing in BC estate law. They can protect your interests, provide strategic legal advice, and represent you in court or mediation if necessary. 
3. Keep meticulous records: Ensure all original documents, financial records, and correspondence are kept organized and intact. 

If a complication arises while we are working together on your paperwork, we will immediately let you know, explain exactly why it has crossed into legal territory, and help you gather your organized files so you can smoothly transition them to a lawyer.

We know that dealing with estate paperwork can feel overwhelming, and you shouldn't have to pay just to figure out what your next steps are. This initial conversation is just a casual, no-pressure opportunity for us to look at your situation, explain how the process works, and see if our services are the right fit for you.   We provide mobile service throughout the Victoria area, including Langford, Colwood, Sidney, and Saanich. If you aren't sure whether we can make it to your neighborhood, just give us a quick call! 

Yes, absolutely! Because the probate and estate administration process follows the exact same BC Supreme Court rules everywhere in British Columbia, we can assist you no matter where you live in the province.

While we love meeting our local clients in person, we are fully equipped to work with you remotely. Here is how we make it easy:

• 100% Digital & Phone Support: We can schedule our consultations over the phone or via secure video calls (like Zoom or FaceTime).
• Seamless Document Sharing: You can securely send us your details via email, and we will prepare and format all your BC court forms digitally.
• Clear Filing Instructions: Once your standard application stack is complete, we will send it to you with a crystal-clear, step-by-step checklist on how to sign, notarize, and file it at your nearest local BC court registry.

If you are located elsewhere on Vancouver Island or are dealing with a local estate from afar, please reach out! We are always happy to chat and figure out the most convenient way to take the paperwork burden off your shoulders.

Access Pro Bono Society of BC: This charitable organization offers free summary legal advice clinics for British Columbians with limited means. While they generally do not fill out or file paperwork for you, a volunteer lawyer can review your situation and provide advice on your next steps. You can reach their province-wide client line at 1-877-762-6664 or visit accessprobono.ca. 

Everyone Legal Clinic: Operated by Access Pro Bono, this is a low-cost, fixed-fee virtual clinic designed for modest-income individuals who do not qualify for free legal aid but cannot afford standard lawyer rates. 

  1. Immediate Logistics & Official Government Checklists

• The BC Government "After a Death" Checklist: This is the most comprehensive tool for immediate next steps. It guides you through registering the death, ordering death certificates, and navigating what to do if a death was expected versus unexpected. You can access the digital portal and download the printable step-by-step workbook directly via the BC Government After a Death Guide.

• Who to Notify: The provincial government provides a targeted roadmap on exactly which federal and provincial agencies to contact to cancel services—including ICBC (for driver's licenses and vehicle registrations), the Medical Services Plan (MSP), Service Canada (to cancel a Social Insurance Number, Old Age Security, and Canada Pension Plan benefits), and the Canada Revenue Agency (CRA).

2. Grief & Emotional Support Services

• BC Bereavement Helpline (BCBH): A free, confidential, and province-wide compassionate helpline that connects grieving individuals with local support groups, grief counselors, and specialized bereavement resources in their specific community. You can reach their care team directly by calling 1-877-779-2223 or by visiting bcbh.ca.

• Crisis Centre BC: If you are feeling completely overwhelmed, in acute distress, or simply need an immediate, compassionate person to speak with, their helpline provides free, 24/7 supportive listening at 1-800-784-2433.

3. Funeral & Memorial Arrangements

• Consumer Protection BC: This provincial regulatory body oversees all funeral homes, crematoria, and cemeteries in British Columbia. If you are planning a service, they provide independent consumer guides outlining your rights, cost transparency rules, and rules regarding the private transfer or burial of remains. You can find these protections at consumerprotectionbc.ca.

• The Memorial Society of BC: A volunteer-run, member-funded non-profit organization dedicated to helping British Columbians plan simple, dignified, and affordable final arrangements. They assist families in navigating options that fit a modest budget.

4. Financial & Pension Assistance

• Canada Pension Plan (CPP) Death Benefit: A federal program providing a one-time lump-sum payment (up to $2,500) to the estate or eligible survivors to help offset funeral expenses. You can learn how to apply through Service Canada.

• BC Funeral Cost Supplement: For families facing severe financial hardship, the BC Ministry of Social Development and Poverty Reduction may provide emergency financial assistance to pay for basic funeral and cremation costs. You can inquire about eligibility by calling 1-866-866-0800.