The Village of Lumby is the service centre for a rural population of about 5,000 people in the Regional District of North Okanagan, including the Trinity Valley and Creighton Valley. An estate here can include a house in the village, an acreage up one of the valleys, a manufactured home, vehicles and equipment, and ordinary bank and investment accounts. Each kind of asset leaves the deceased’s name by a different route, and some of those routes need a grant of probate. Working out which ones do is the executor’s first real decision, because it tells you whether to apply for probate at all.
What each asset needs
| Asset | Who transfers it | What the executor needs |
|---|
| Land registered in the deceased’s name alone (a house, an acreage) | The land title office | To be registered as owner first, which requires a certified copy of the grant (Land Title Act ss.260, 266) |
| A manufactured home on the Manufactured Home Registry | BC Registries (Manufactured Home Registry) | A registered transfer: a sale or transfer is effective only if registered. The Registry has an Affidavit of Executor form and asks executors of a deceased owner to contact it for what is required |
| A manufactured home with a residential exemption (on the owner’s land and treated as permanently attached) | Dealt with as part of the land, through the land title office | As for land |
| Bank accounts and investments in the deceased’s name | The institution | Each institution sets its own limit for releasing funds without a grant; above it, the grant |
| Vehicles, equipment and other personal property | The relevant registry or the buyer | Ask before transferring; the value counts toward the probate fee if a grant is needed |
| Accounts or policies with a named beneficiary | The plan or insurer, directly to the beneficiary | Paid under the plan’s own claim process; these pass outside the will |
Sources: Land Title Act; the Province’s Manufactured Home Registry page (last updated April 22, 2026); the Province’s wills and estates page. Confirm requirements with each body before relying on them.
If the estate holds land in the deceased’s sole name, a grant is needed, whatever the will says. If it holds only modest accounts at institutions willing to release them, it may not be. Our article on assets not subject to probate and our probate checklist go into the detail.
Valuing what you find
The application for a grant includes a statement of assets, liabilities and distribution. Section 122 of the Wills, Estates and Succession Act (WESA) requires the applicant to make a diligent search for the deceased’s property and debts and to disclose it. For a Lumby estate that means a current title search and a valuation for any land, the manufactured home’s registration details and an estimate of its value, the most recent statements for each account, and a list of vehicles and equipment.
The probate fee is calculated on the value of the deceased’s real and tangible personal property in BC, plus intangible property such as bank accounts if the deceased lived in the province (Probate Fee Act section 1). There is no fee up to $25,000; above that the rate is $6 per $1,000 to $50,000 and $14 per $1,000 beyond, and it is paid before the grant issues. See our probate fee article.
Applying for the grant from Lumby
Lumby has no courthouse or Service BC office. The steps run through Vernon, about 26 km by road, or by mail:
- Wills notice search. Every application needs a Vital Statistics search for a wills notice. Service BC at 3201 30 Street in Vernon accepts it in person; it can also be mailed to Vital Statistics in Victoria. The fee is $20 a search; results sent by mail are printed within 20 business days, plus mailing time.
- Notices. Form P1 goes to every beneficiary and every person who would inherit on an intestacy, enclosing the will, and to the Public Guardian and Trustee where a minor or incapable adult is involved. It identifies the registry, and 21 days must run before filing (Rule 25-2 of the Supreme Court Civil Rules).
- Filing. The Province confirms that a grant can be applied for at any BC Supreme Court registry. Lumby’s nearest Supreme Court registry is the Vernon one, in the courthouse at 3001 27 Street where both levels of court sit (Province’s courthouse list, last updated 1 October 2026). Vernon has no separate probate number in the June 2026 directory; phone the general line before going in.
- After the grant. Register the transmission of any land, transfer the manufactured home through the Registry, close or transfer accounts, and pay the debts. Section 155 of WESA keeps the estate undistributed for the first 210 days after the grant, subject to a court order or the consents that section lists.
Veronica Manski and our probate and estate administration group can take on the whole application or the parts you do not want to do yourself. Our article on how long probate takes sets out the stages.
Looking after rural property until it is sold or transferred
Between the death and the transfer, the executor is responsible for the estate’s property (WESA section 142). For a rural estate that can mean an empty house through a winter, outbuildings, livestock or equipment.
- Tell the insurer about the death and ask whether cover continues while the property is unoccupied.
- Keep utilities and heating on where pipes could freeze, and arrange regular checks.
- Keep the property tax paid. For Electoral Area D, which includes the Trinity and Creighton valleys, the regional district notes that tax notices come from the provincial Surveyor of Taxes rather than a municipality.
- Do not let family members take items, or move into the house, until the executor has agreed it in writing with the beneficiaries.
- Keep receipts for everything paid out. The estate repays proper expenses, and the beneficiaries are entitled to see them.
Debts, creditors and the executor’s protection
Before distributing, the executor has to deal with the deceased’s debts: the mortgage or line of credit, credit cards, final utility and service bills, and any amounts owed on equipment or vehicles. WESA gives the executor a way to close the door on unknown creditors. The executor may publish a notice to creditors in the BC Gazette, requiring claims to be presented within a stated period of at least 30 days. After that period, the executor can distribute having regard only to the claims of which the executor then has notice, and is not personally liable for a claim presented too late (section 154). The notice does not cancel the debt itself, and it is not a substitute for the search section 122 requires. For an estate with a business, farm accounts or a history of borrowing, it is worth doing.
Being paid as executor
An executor may be paid for the work. The Trustee Act (section 88) allows a fair and reasonable allowance of up to 5% of the gross aggregate value of the estate, including capital and income, approved by the court or agreed by the beneficiaries. The amount depends on the size and complexity of the estate and the work actually done, and a will may say something about it. An executor who mismanages an estate can have the fee reduced or refused, as in the case described in our article on an executor’s fee disallowed. See our article on executor fees in BC.
What to bring to a first meeting
- the original will, or a copy and where the original is, and any codicils
- the death certificate
- the civic address and, if you have it, the title search or property tax notice for each piece of land
- the manufactured home’s registration or serial number, if there is one, and the pad rental agreement if it sits on rented land
- recent statements for accounts, investments, loans and credit cards
- a list of vehicles, equipment and anything of value kept on the property
When the family does not agree
A rural estate can be hard to divide evenly: one child may want the acreage, another the money. Where agreement fails, these claims arise:
- under WESA section 60, the will-maker’s spouse or child may claim that the will makes inadequate provision for them; the claim has to be started within 180 days after the grant
- a beneficiary may seek an order passing the executor’s accounts (Rule 25-13) or removing the executor (WESA section 158)
- a family member who worked on the property without pay may have a claim in unjust enrichment
- a person entitled to notice of the application, or claiming under another will, can file a notice of dispute to stop the grant (Rule 25-10)
Candace Cho, KC leads our estates and trusts litigation practice. See also challenging an executor and will disputes.
Planning a rural estate
If you own land or a manufactured home around Lumby, a will that names each asset and says who receives it saves your executor work and argument. Points to raise with your lawyer:
- whether the manufactured home is registered on the Manufactured Home Registry or exempt and treated as part of your land, since that decides how it is transferred
- who should receive the land if it cannot be divided, and what the others receive instead
- naming an executor who can manage rural property, and an alternate
- an enduring power of attorney and a representation agreement for the period before death
- a wills notice ($17), filed at Service BC in Vernon, online or by mail, so your executor can find the original
Sandy Minh Abley heads our estate planning group, which prepares wills and incapacity documents.
Questions about Lumby estates
Do I need probate if the estate is a manufactured home and a bank account?
Possibly not, if the bank will release the account without a grant and the Registry can register the transfer on the documents it asks executors to provide. Ask both before you decide; if either insists on a grant, you will need one.
Does the application have to be made in Vernon?
No. Any BC Supreme Court registry can receive it; Vernon is simply the nearest to Lumby.
How much can an executor charge?
Up to 5% of the gross aggregate value of the estate under the Trustee Act, as a fair and reasonable allowance approved by the court or agreed by the beneficiaries. The actual figure depends on the work done.
Is the first consultation free?
For estate litigation, the first 30 minutes are free. Probate and planning clients should ask about our terms at the outset.
