Losing a loved one is a deeply difficult and emotional time. Amidst grief and duties like planning a funeral, families also must begin navigating their loved one’s final affairs. This often involves locating the deceased’s will if they have one, which empowers a pre-designated executor(s) to handle matters such as paying off debts and distributing gifts to beneficiaries. However, estate litigation is notoriously complicated. Sometimes family members or third parties with a stake in or power over the deceased’s assets may need to go through the grant of probate or grant of administration process (or both) to access assets in a will. Grant of probate and grant of administration processes can be lengthy depending on how simple or complex the will is.
What is a Grant of Probate?
A probate is a process where the Supreme Court of British Columbia validates a will, including the executor named in the will. This allows the executor to act on behalf of the estate and carry out the terms of the will.
When Is Probate Required?
Probates are not legally required to carry out actions established by a will. However, they are often required when financial institutions or other agencies retain assets in an estate. Before an executor can manage or distribute assets, these entities require a grant of probate from the Court before ownership of those assets can be transferred over to anyone.
For example, say that your father has passed away and has named you as executor of his will. In the will, your father stated that any remaining savings in his bank account are left for his grandchildren. Even though you are named the executor in the will, the bank may demand probate to verify the will is valid before you can access those funds. You should anticipate any estate worth $25,000 or more will likely require probate.
What is a Grant of Administration?
A grant of administration is very similar to a probate, as it is a court mandate giving the applicant legal rights to settle estate affairs as an administrator. An administrator is essentially the same as an executor.
When Is a Grant of Administration Required?
A grant of administration is necessary in a few situations:
- The deceased didn’t have a will, and therefore didn’t have a named executor to handle their affairs
- The deceased had a will and named an executor but the executor doesn’t want to manage the estate or is unable to for any reason
- The deceased had a will but the court determined the will wasn’t valid
Who Is Eligible to Apply for a Grant of Administration?
Only certain individuals are eligible to apply for a grant of administration, including:
- The deceased’s spouse or a person nominated by their spouse
- One of the deceased’s adult children with consent given by a majority of the other adult children
- A person nominated by a majority of the deceased’s adult children
- If there are no adult children, an heir with the greatest interest in the estate or an individual nominated by other heirs
Timeline for Receiving a Grant of Probate or Administration
Timelines to receive a grant of probate or administration can be lengthy, depending on how complex an estate is. On average, it can take between six months to a year to complete the entire probate process, including time for locating the will, gathering documents, applying for probate, processing the application, and waiting for court approval. Application processing and court review can take four to eight weeks each.
Turnaround for a grant of administration is slightly faster, with grants approved in roughly two or three months on average. Hiring estate litigation lawyers like the team at Stephens & Holman can guide you through these processes and may reduce the time it takes to correctly complete and submit applications and other paperwork.