How Long After a Death Should a Will be Filed?

17 Dec 2020 Legal Services

Anyone who is in possession of an original signed will of a deceased person is required by law to file the will with the probate registry of BC after receiving notice of the person’s death. If you are unsure about how long after a death a will should be filed with the probate registry, consulting with a reputable wills, estates, and trusts lawyer like the ones from Linley Welwood will help you ensure that the will is filed on time and that any questions you might have about the probate process will be answered thoroughly.

Learn some of the reasons to hire a probate lawyer.

Filing a Will with the Probate Registry

Probate is the process in which a will is verified as valid under BC laws. For most probate applications, the original will and other various documents, will need to be filed with BC’s probate registry. The probate registry acts as the record keeper for all probate documents filed with the Supreme Court of BC. In the event that the will is valid, the court will issue a grant of probate, confirming that the executor has the authority to administer the will. The executor of the will can then show the grant of probate to anyone holding assets of the estate, such as a bank.

Do You Need to Apply for Probate?

Probate is only required for estate assets and not for all things owned by the deceased. Whether or not a will needs to be probated will depend on the financial institutions and other agencies that hold assets within the estate, as they might require the will to be probated before the assets they are holding can be distributed or accessed. It is also important to note that probate is always required in BC when the deceased owns land in their own name.

In most cases, when someone dies with approximately $30,000 or more in their name, the executor will need to file the will for probate. In the event that someone dies intestate (without a will), the executor will need to file with the court for a grant of administration rather than a grant of probate.

If you would like to learn more information about how long after a death a will should be filed for probate, or if you are interested in our legal services for wills, estates, and trusts, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.