164 Application For Grant Of Probate Or Administration By Public Guardian And Trustee

• 164 (1) This section applies if the Public Guardian and Trustee receives information about the death of a person who

• (a) had at the time of death a fixed place of residence in British Columbia, or
• (b) had no fixed place of residence in British Columbia, but had property in British Columbia at the time of death.

• (2) The Public Guardian and Trustee may make an application to the court for a grant of administration of the estate of the deceased person if

• (a) the person died without a will for all or part of the person’s estate, or
• (b) the person died leaving a will, but without having appointed an executor willing and able to apply for a grant of probate or whose whereabouts are known.

• (3) A grant of administration, a grant of probate or a grant of administration with will annexed must not be issued unless the Public Guardian and Trustee files an affidavit swearing that no person in British Columbia

• (a) is entitled to share in the distribution of the estate of the deceased person, and
• (b) is ready and competent to apply for a grant of administration.

2009-13-164, effective March 31, 2014 (B.C. Reg. 148/2013); 2011-6-8, 42; 2014-9-64.