What documents do I need to gather and file in relation to the probate process?

The documents required for a typical application for probate are:

1. A submission for an estate grant;

2. An affidavit of the applicant for grant of probate from the applicant;

3. If there are two or more applicants, an affidavit in support of an application for an estate grant from each applicant;

4. Two copies of a certificate of Wills notice search;

5. Any affidavit or material required to deal with issues relating to the Will, including proof of due execution, the effect of interlineations or alterations, or electronic Wills;

6. One or more affidavits of delivery that, collectively, confirm that notice was delivered to all persons to whom notice must be given;

7. An affidavit of assets and liabilities from the applicant;

8. Two exact copies of the Will or a copy of the Will being submitted;

9. The written comments of the Public Guardian and Trustee if notice of the application must be given to the Public Guardian and Trustee on behalf of a minor or a mentally incompetent person;

10. A draft of the estate grant or authorization to obtain estate information (although drafts may not be required at some registries such as Vancouver which will prepare these documents internally);

11. A lawyer’s trust cheque, certified cheque, or bank draft (the court registry will not accept personal cheques) for the initial probate filing fee in the amount of $200, to be submitted with the application (note that no filing fee is payable if the estate does not exceed $25,000 in value);

12. A lawyer’s trust cheque, certified cheque, or bank draft for the balance of the probate fee, is to be submitted when the probate registry has advised that the application has been approved and confirmed the amount of the fee.