Is the Family Home Included in the Probate Fee Calculation in British Columbia?

This answer covers the law of British Columbia.

Usually yes, if the home passes to the personal representative when the owner dies. In British Columbia the probate fee is based on property that passes to the personal representative: real and tangible personal property in the province, and intangible personal property anywhere if the deceased was ordinarily resident in British Columbia. Land devolves to the personal representative unless there is a right of survivorship.

So a home held jointly with a right of survivorship generally passes to the surviving owner and sits outside the fee base. The exception is where the owners cannot be shown to have survived each other, or the holding is only a tenancy in common, in which case the deceased's share can pass through the estate.

The fee is based on the gross value of the estate, as sworn in the Statement of Assets, Liabilities and Distribution, and that definition has no deduction for debts or mortgages. The Act does not say whether assessed value or market value is used for land, and regulations may define gross value. Confirm how to value the home with a lawyer or the court registry before you swear the statement.