Probate Without A Will In British Columbia

Some people refer to the process of administering a loved one's estate as "probate," even if the deceased did not have a will. Technically, this is not correct, as probate is the process of asking a court to declare a will valid. Even if the deceased did not have a will, however, there are important steps to complete the administration of the estate.

Peterson Stark Scott is a Surrey law firm with experienced and dedicated lawyers handling probate and estate administration issues. If a loved one died without a will and you need to understand what your legal options are, talk to us. We can advise and guide you through all aspects of handling the deceased's estate.

Applying To Become Administrator

If there is no will, there is no executor. As a result, a deceased's loved one must apply to be the estate administrator. The administrator acts in a role similar to that of an executor, fulfilling such duties as paying the estate debts, liquidating assets and contacting potential heirs.

Estate Distribution

When an individual dies intestate (without a will), legislation determines how assets are distributed. British Columbia's new law, the Wills, Estates and Succession Act, designates who gets how much and in what order. The individual's spouse, children, parents and siblings may all be able to inherit depending on specific family makeup.

Advising Estate Administrators

Even though administering the estate of someone who died intestate may seem straightforward, in reality, there are many potential complications. Trusting the legal advice of Peterson Stark Scott can ensure that your responsibilities are fulfilled both towards the estate and under the law.

Learn More

For more information about estate administration and probate in British Columbia, contact our firm. Call 800-675-2419 or 604-634-2308 or reach us online to make an appointment.