BC Probate Forms: Key Forms and When to Use Them
The BC Supreme Court probate forms are not complicated once you understand why each one exists. The problem is that most executors encounter them in isolation — downloading individual PDFs without knowing the sequence, dependencies, and common errors that trigger rejection. The registry will send your application back with minimal explanation, adding months to a process that already has built-in waiting periods.
Here is a plain-English guide to key forms in a standard BC probate application.
Form P1 — Notice of Proposed Application
What it does: This is the notice you must send to the persons entitled to notice under Rule 25-2(2) before filing your application.
Who must receive it: The notice and, for applications involving a will, a copy of the will must be delivered to the people listed in Rule 25-2(2). For a will, these include beneficiaries, certain executors or alternate executors, and people who would have been intestate successors, subject to the spouse's preferential-share test. If a required recipient is a minor or may be mentally incompetent, Rules 25-2(8)–(11) set additional delivery requirements that can include notice to the Public Guardian and Trustee (PGT).
Critical timing rule: Unless the court orders otherwise, you may not make the application until at least 21 days after delivering Form P1 and any other required materials. Filing sooner does not comply with Rule 25-2.
Delivery method matters: You can deliver by mail, in person, or electronically if the recipient consents. Keep proof of every delivery — you will need it for Form P9.
Form P2 — Submission for Estate Grant
What it does: This is the cover sheet for the entire probate application. It identifies the estate, the applicant, the type of grant being requested, and the number of certified copies you need.
Order enough certified copies here. Requirements differ. Some financial institutions accept a will without probate, and most set maximum amounts they will transfer without a grant. The LTSA requires a court-certified grant for a transmission to an executor or administrator. For ICBC vehicle transfers, required documents depend on the transfer and estate type; its checklist lists a death certificate and will for some will-based transfers under $25,000 and Form MV1476 with a death certificate for some intestate transfers under $25,000. A court-certified copy costs $40 for up to 10 pages, plus $6 for each page over 10. Indicate in Form P2 how many court-certified copies of the estate grant you require.
Form P3 — Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Short Form)
What it does: This is the sworn statement where the applicant confirms required facts about the estate and will and explains their basis for applying for probate or administration with will annexed.
When to use P3 vs. P4: Use Form P3 only if its short-form conditions under Rule 25-3(6) are met. Form P4 is the long form when those conditions are not met.
The will's appearance. Rule 25-3(22) lets the registrar, when the will's appearance suggests erased words, an attempted revocation, a missing page or document, incompleteness, an alteration not made in compliance with WESA, or a defect in execution, require the missing material or an affidavit explaining the perceived deficiency and the will-maker's knowledge and intentions.
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Form P4 — Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Long Form)
What it does: The long-form affidavit used when the short-form conditions for Form P3 are not met.
When to use P4: It applies when Form P3's short-form conditions are not met. This can include applications involving a copy rather than an originally signed will, or issues about execution, alterations, or the will's appearance.
If you are using P4 because the original will is lost, you must submit sworn evidence proving the copy is authentic and that the deceased did not intentionally destroy the original will to revoke it — this is legally important because deliberate destruction revokes a will in BC.
Form P5 — Affidavit of Applicant for Grant of Administration
What it does: Used when applying for a grant of administration without a will annexed, usually because the deceased died without a will (intestate).
Who applies as administrator: Under WESA section 130, priority starts with the surviving spouse or a person nominated by the spouse, then a child who has the consent of a majority of the deceased's children. Other classes follow in the statutory order. The court can appoint another person it considers appropriate, including the Public Guardian and Trustee, subject to the PGT's consent.
Note: Form P5 is used for a grant of administration without will annexed; Forms P3 and P4 apply to probate or administration with will annexed. Form P2 remains the Submission for Estate Grant. Check the specific court registry filing instructions for the complete administration package.
Form P9 — Affidavit of Delivery
What it does: This is your proof that you actually delivered Form P1 to everyone required.
What it must contain: For each required recipient, Form P9 records the delivery method, the person who received notice, and the delivery date. If delivery was electronic, the recipient must acknowledge receipt in writing; you must retain that acknowledgement until the personal representative is discharged and provide it promptly if the registrar asks.
Why people get rejected here: Leaving recipients off the P1 list — particularly family members who would inherit under intestacy but are not beneficiaries under the will. The registry checks this carefully. Children from a previous relationship must be notified if they are intestate successors entitled to notice under Rule 25-2(2)(a)(iii), subject to the spouse's preferential-share test, even if the will leaves them nothing.
Form P10 — Affidavit of Assets and Liabilities
What it does: This is the comprehensive inventory of everything in the estate. The court uses it to calculate the probate fee you owe.
The gross value rule: List property at its value at death and list any secured debts that charge or encumber it; Form P10 totals assets less secured debts. Credit cards, personal loans, and other unsecured debts do not reduce that figure for fee calculation purposes.
Non-estate assets are excluded: Do not include jointly held assets (right of survivorship), RRSPs with named beneficiaries, life insurance with named beneficiaries, or TFSAs. These pass outside the estate and are not subject to probate fees.
Get valuations before you file. Estimating real estate value is a common error. The registry can question values that appear unreasonably low. If the estate includes real property, use a professional appraisal or recent comparable sales.
Filing Options: In Person vs. Court Services Online (CSO)
You can file your probate package in person at any Supreme Court of BC probate registry, or electronically through Court Services Online (CSO) if you have a registered CSO account.
Registry staff can check that documents contain the basic information needed for filing, but this does not guarantee that they comply with all court requirements. They cannot complete forms or give legal advice.
Allow 8 to 16 weeks for processing after a complete application is filed. The wait varies by registry location and the complexity of the estate.
If you find the form sequence confusing, the BC Estate Settlement Guide includes a step-by-step filing checklist that walks you through completing each form in the correct order, what to attach to each one, and the most common rejection reasons to avoid.
Filing Issues to Check
- Filing before the 21-day P1 notice period has elapsed
- Missing a person entitled to notice under Rule 25-2(2) from the P1 notice list
- Not including the Wills Notice Search certificate with the application
- Using Form P3 when the applicant is aware of any interlineation, erasure, obliteration, other alteration, or issue arising from the will's appearance
- Leaving mandatory fields blank instead of writing "nil"
- Typos in the deceased's legal name that differ from the death certificate
- Confirm how many court-certified copies you need before completing Form P2
The registrar must not approve the application unless the Rule 25-2 notice requirements and Rule 25-3 materials are satisfied. If the registrar refuses to approve it, they must provide the reasons in writing. Check the notice recipients and required documents before filing.
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