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Q: What is probate and when is it required after someone dies?

A: Probate is a legal process where the B C Supreme Court grants an order for either an executor or administrator to act on behalf of the deceased person for all purposes as if the deceased person were still alive.

In British Columbia, probate is required if:

a) the gross value of all assets in the estate governed by the will exceeds Twenty Five Thousand dollars; or

b) the deceased is registered as the legal owner of any real estate not held in joint tenancy. Probate can take several weeks or months to complete as each of these financial components are resolved.

Swiftsure Law now offers services in Estate Planning, and can help you navigate the process of Probate. *Any guidance provided is not covered by solicitor client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter please CONTACT US to arrange a consultation.

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