The Penticton Law Courts at 100 Main Street hold both levels of trial court, Provincial and Supreme. That is how the Province lists the building in its courthouse locations page, last revised on October 1, 2026.
Estates belong to the Supreme Court side of the building. Under WESA, BC’s Wills, Estates and Succession Act, the word “court” means the Supreme Court, which is why grants of probate and administration, wills variation claims and applications to remove an executor are all made there. The Provincial Court registry in the same building has no part in them.
Two points follow for a Penticton executor:
- You may file here, but you do not have to. Provincial guidance says an executor or administrator may apply at whichever Supreme Court registry they choose. Someone living in Kelowna or the Lower Mainland can file near home; someone living in Penticton can walk into the Main Street counter.
- Phone before you hand anything in. The Supreme Court’s registry directory (June 2026) gives Penticton a main line, a fax-filing line and a scheduling line, but no separate probate number. Call the main line and ask how the registry is receiving estate grant submissions before you rely on an in-person drop-off.
Settle the choice before the family is notified, because Supreme Court Civil Rule 25-2 makes the notice of proposed application (Form P1) name the registry that will receive the submission.
An executor’s first weeks
A bank or investment firm may decline to release an account, and a house generally cannot be transferred at the land title office, until the executor holds a grant. Part 25 of the Supreme Court Civil Rules sets the sequence for getting one. In Penticton the first step can be done at a local counter.
1. The wills notice search
The registry will not accept a submission without a Vital Statistics certificate showing whether the deceased ever registered a wills notice. You can ask for the search by mail, or in person at Service BC. The office on Calgary Avenue in Penticton takes these requests; the only three Service BC offices that do not are in Vancouver, Burnaby and Surrey. Bring the completed search form, a photocopy of the death certificate and the $20 fee. The result prints in Victoria within 20 business days and is then mailed, unless you pay the extra $33 for courier delivery.
2. Telling the family
Each co-executor receives Form P1, as does every beneficiary under the will, anyone who would take a share if there were no will and, in some cases, the Public Guardian and Trustee (a minor beneficiary is one example). Twenty-one days must pass after delivery before the application can go in.
3. The inventory
While the 21 days run, WESA section 122 obliges the executor or administrator to search diligently for everything the deceased owned and owed. Those results become the sworn statement of assets and liabilities filed with the application.
4. The probate fee
The Probate Fee Act charges nothing on an estate valued at $25,000 or less. On the portion from $25,000 to $50,000 the fee is $6 per $1,000 or part, and above $50,000 it is $14 per $1,000 or part. As a worked example only: an estate whose sole asset is a home valued at $524,000, the 2021 census median value of owned dwellings in Penticton, would pay $6,786. Assets that pass directly to a surviving joint owner are not part of the estate for this purpose.
5. After the grant
Nothing may be handed to beneficiaries in the first 210 days after the grant without a court order (WESA section 155). There is a consent route: where there is a will, every beneficiary with an interest must agree, together with each person able to seek variation of the will; without a will, everyone who inherits on the intestacy must agree.
If there is no will
The court appoints an administrator instead of confirming an executor. WESA section 130 sets the order of priority, starting with the surviving spouse (or a person the spouse nominates) and then a child who has the consent of a majority of the deceased’s children. The same Part 25 steps apply, with a grant of administration at the end. Our article on applying to administer an estate without a will goes through the list.
Our probate team, headed by Veronica Manski, prepares grants of probate and administration and answers registry requisitions. For a checklist of executor tasks, see our BC probate checklist; for the fee itself, how probate fees are calculated.
When the family does not agree
Estate disputes in BC are governed by deadlines tied to the grant, which is why advice before probate is worth having.
Blocking a grant
Anyone who was owed a P1 notice, and anyone who claims under a different will (earlier or later), may lodge Form P29, a notice of dispute, as long as the grant has not yet issued. The registrar cannot issue a grant while it stands. Unless the court renews it, it expires a year after filing.
Asking the court to change a will
WESA section 60 gives a will-maker’s spouse and children a claim where the will fails to provide adequately for their proper maintenance and support. If the judge agrees, the will is varied to give what the judge finds “adequate, just and equitable in the circumstances.” For this purpose, someone who lived with the will-maker in a marriage-like relationship for two years or more is a spouse, provided the relationship had not ended before the death. Timing is set by section 61. The claim has to be filed no more than 180 days from the date the grant issues in BC, and service on the executor has to follow within a further 30 days, a period the court can lengthen. The Public Guardian and Trustee also receives a copy if any of the will-maker’s children are minors, or if a spouse or child is mentally incapable. How judges approach them is explained on our pages for children left out of a will and spouses left out of a will, and the 180-day limit is discussed further in our article on the wills variation limitation period.
Challenging the will itself
A will can be attacked on three grounds: the will-maker lacked capacity; the signing and witnessing fell short of WESA’s formal requirements; or someone exerted undue influence. WESA section 52 can shift the burden: once the challenger shows the other person was in a position where they could dominate the will-maker, the person defending the will must prove there was no undue influence. Section 58 works in the other direction, allowing the court to give effect to a document that represents the deceased’s testamentary intentions even though the formalities were missed. We explain these further on our pages about capacity and undue influence claims and whether a will is valid.
Gifts before death and unpaid care
Some disputes are not about the will at all. A transfer the deceased made during their lifetime can be challenged in some circumstances, which our page on contesting a gift describes. A relative who gave years of unpaid work or care may, depending on the facts, have a claim in unjust enrichment against the estate. Both turn on evidence, so keep records, letters and bank statements together from the start.
Problems with the executor
Under WESA section 158, a beneficiary or anyone else with an interest can ask the court for an executor’s removal, or for a person with a prior right to act to be passed over. The factors a judge weighs are set out in our article on contesting an executor of a will.
Choosing Penticton for the trial
Variation claims, and some challenges to validity, begin with a notice of civil claim. That document has to propose a town for the trial (Supreme Court Civil Rule 3-1), and Rule 12-1 keeps the trial in the town named unless a judge moves it. If the people who knew the will-maker best, a family doctor, a neighbour, the staff at a care home, are in the South Okanagan, proposing Penticton spares them a long trip to give evidence. One practical detail: the Supreme Court’s registry directory gives Penticton, Kelowna and Vernon the same scheduling number, so ask at the outset how hearing dates for a Penticton trial are being booked.
Other estate claims carry their own limitation periods, which vary with the type of claim and its facts. Candace Cho, KC heads our estate litigation work.
Planning ahead: wills, powers of attorney and the Kelowna PGT office
Two documents carry incapacity planning in BC. With an enduring power of attorney you appoint someone to look after money, property and legal matters, and the appointment continues if you become incapable. A representation agreement covers the other side of life: it authorizes a person you trust to make, or help you make, decisions about your health care and personal care.
Without them, a relative may need a Supreme Court order appointing a committee. The Public Guardian and Trustee can also act as committee for an incapable adult; its Interior-North regional office is at 1345 St. Paul Street in Kelowna.
Your will completes the plan. Once it is signed, a $17 wills notice tells Vital Statistics where the signed original is stored. The agency does not hold the will itself or learn what it says. Penticton residents can file the notice at the Calgary Avenue Service BC office, by mail or online. Our estate planning group is led by Sandy Minh Abley.
Before your first call
A short conversation goes further if you have these to hand. None is required to book.
- The will, or a copy, and any codicils; if the original’s location is unknown, say so
- The death certificate, or the date and place of death
- A rough list of what the deceased owned and owed, including any property outside BC
- Names and addresses of the people named in the will and of close family
- Any date that starts a clock: when a grant issued, when a notice of dispute was filed, or when you received a letter from another family member’s lawyer
The lawyers on Penticton estate files
The firm’s principals, Judith A. Janzen and Candace Cho, KC, joined forces in 2012. A will dispute from Penticton goes to the litigation group under Candace Cho, KC. An executor’s application is handled by Veronica Manski, associate counsel for probate and estate administration, and planning documents by Sandy Minh Abley, associate counsel for estate planning.
The estates litigation lawyers who may work on a file are Kevin Campbell, TJ Garcha, Valerie LeBlanc, Louisa Ledesma, Jesse Patrao, Julia Pinnock, Katya Richardson and Jackson Todd. Profiles of everyone are on the team page.
Short answers
Can I apply for probate at the Penticton courthouse?
Yes. The Penticton Law Courts include a Supreme Court registry, and any Supreme Court registry in BC can receive a probate application. The directory lists no dedicated probate line for Penticton, so call the main registry line first.
Do I have to travel to Vancouver to work with Onyx?
No. We work with Penticton and Okanagan clients by phone, email and video, and attend the registry in person when a matter calls for it.
What is the deadline for a wills variation claim?
The claim has to be filed within 180 days from the date the BC grant issues. Other challenges run on different time limits, and a notice of dispute only works before the grant, so get advice early.
Is the first consultation free?
Yes, if the matter is an estate dispute: a contested will, a variation claim or a disagreement with an executor gets a free 30-minute consultation. If you need probate or planning help, ask about the terms when you book.
