How to Apply for a Grant of Letters of Administration in British Columbia
If a relative dies without leaving a will, or leaves a will that appoints an executor who cannot or will not serve, you may want to file for a grant of letters of administration. Letters of administration is a legal authorization to manage the assets and liabilities of a deceased person's estate. In British Columbia, it is issued through the Probate Registry. The deceased person's spouse has the first right to apply for letters of administration. Should she decline, the deceased's child or another relative may do so. Otherwise, the Public Guardian may administer the estate.
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Instructions
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Compile a set of forms for the Probate Registry. These forms include proof that there is no will, proof that others who might want to be the administrator have been notified and any with greater claims than yours to administer have renounced their rights to do so, proof that you are competent to administer the estate, and a list of the main components of the estate and their approximate value. For examples of the forms, refer to a self-help manual for probate and administration in British Columbia (see Resources).
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File the forms at the Probate Registry. In Vancouver, the office is at 800 Smithe Street, 604-660-2876. For other locations, call the Supreme Court of BC Probate Registry at 800-663-7867.
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Wait for a response from the Registrar indicating a decision. If the estate is large or if you did not complete the forms properly, there may be a court hearing.
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Tips & Warnings
Administering an estate can be a lengthy, time-consuming process. Administrators are entitled to financial compensation from the estate for their work. These funds can be used to pay lawyers' fees.
If granted letters of administration, you are legally obligated to administer the estate unless another court order releases you from the obligation. You may be required to post a bond to protect the estate against any inappropriate actions on your part.
References
Resources
- Photo Credit estate image by Alexander Oshvintsev from Fotolia.com
