I promised last week that I would explain how to properly list estate assets when applying for an estate grant.
If you hire a lawyer to obtain the estate grant, listen to your lawyer乌鸦传媒檚 directions. Those who take a stab at obtaining an estate grant without a lawyer might find this helpful.
Let乌鸦传媒檚 get some lingo out of the way.
An estate grant is the court order that gives a person authority to deal with estate assets.
Without it, you won乌鸦传媒檛 be able to transfer property registered with Land Titles, deal with the ownership of vehicles registered in the deceased乌鸦传媒檚 name or access the deceased乌鸦传媒檚 bank and financial accounts.
When the authority is given to an executor named in a will, it乌鸦传媒檚 called a grant of probate. If there乌鸦传媒檚 no will, or someone other than a named executor is given the authority, that person is referred to as an administrator and it乌鸦传媒檚 called a grant of administration.
It乌鸦传媒檚 confusing lingo referring to the same process.
I will use the generic words 乌鸦传媒渆state grant乌鸦传媒� to refer to the process and the word 乌鸦传媒渁dministrator乌鸦传媒� to refer to the person given authority.
There乌鸦传媒檚 a pile of documents that are filed with the Court Registry when applying for an estate grant.
Boil it all down and it乌鸦传媒檚 a bunch of form filling, though the forms come with all sorts of interesting tributaries!
A list of the forms, with links to the forms themselves, can be accessed here ().
Each of the forms is numbered, with 乌鸦传媒淧乌鸦传媒� for probate followed by the number of the form.
The form containing the list of estate assets is P10, titled 乌鸦传媒淎ffidavit of Assets and Liabilities for Domiciled Estate Grant乌鸦传媒�.
In paragraph 3 of the affidavit, the administrator will swear that all estate property within British Columbia, its value and any liabilities secured against the property are set out in an exhibit. That exhibit is called a 乌鸦传媒淪tatement of Assets, Liabilities and Distribution乌鸦传媒�.
The form of exhibit is also provided.
Part 1 of the exhibit form is for interests in property, i.e. houses and whatnot. The form provides good direction on how to fill out that section.
Part 2 is for tangible assets, or what you might refer to as 乌鸦传媒渢hings乌鸦传媒�. The only instructions on the form are to 乌鸦传媒淟ist item details and then list secured debt details below those items乌鸦传媒�.
You don乌鸦传媒檛 need to go through the deceased乌鸦传媒檚 home and list the 8 forks, 10 spoons, 6 butter knives, silver salt and pepper set, 12 pairs of socks, etc., etc.
For the most part, you can list broad categories of items.
As for valuations, consider what those categories of items would fetch in an estate sale. Some categories might have no commercial value at all, more likely to be taken to the dump or goodwill. They should still be listed, showing a 乌鸦传媒渘il乌鸦传媒� value if applicable.
Items requiring specialized expertise to assess should be appraised by those with that specialized expertise.
If there are specific items listed in the will, i.e. a particular piece of jewelry or art, those specific items should be listed separately (not in a category).
You might wonder how anyone would know if you chose not to include the $50,000.00 of gold bars, a $20,000.00 coin collection or a pillowcase with $15,000.00 in cash.
You乌鸦传媒檒l be swearing an affidavit and perjury is a criminal offence. And really, probate fees on the gold bars would be only $700.00.
Motor vehicles, trailers and other items registered with ICBC need to be listed the way they are registered, i.e. year, make, model and VIN.
The last section, Part 3, is for everything else, which for most people with be limited to a list of bank and investments accounts.
Each account should be listed separately with the name of the bank or financial institution, account type and number and the amount at the date of death including interest accrued to that date.
That乌鸦传媒檚 easy, if the bank or financial institution will provide a statement setting out that information, which they typically do.
Sometimes it can be impossible to get all the information needed to provide a complete list without help from the court.
For example, a bank might not be willing to provide you with confidential information about the deceased because they乌鸦传媒檙e uncertain about whether you will be appointed as administrator.
In that situation, you can submit your estate grant application without the P10, asking the court to endorse a P18 Authorization to Obtain Estate Information in which the court gives you the necessary authority to obtain the deceased乌鸦传媒檚 confidential information.
The P10 can then be filed after all the necessary information has been obtained.
Note that the P10 affidavit includes your commitment that if you find out that the information you wear to is incorrect or incomplete, you will promptly file an updated affidavit (called a P14).
Hats off to anyone working through the estate grant process without a lawyer. The government has tried to make things easy, but even I found the process difficult to follow until I had gone through it a few times.
Paul Hergott
Lawyer Paul Hergott began writing as a columnist in January 2007. Achieving Justice, based on Paul乌鸦传媒檚 personal injury practice at the time, focused on injury claims and road safety. It was published weekly for 13 陆 years until July 2020, when his busy legal practice no longer left time for writing.
Paul was able to pick up writing again in January 2024, After transitioning his practice to estate administration and management.
Paul乌鸦传媒檚 intention is to write primarily about end of life and estate related matters, but he is very easily distracted by other topics.
You are encouraged to contact Paul directly at paul@hlaw.ca with legal questions and issues you would like him to write about.
