What Is the Probate Fee in BC and How Is It Calculated?
This answer covers the law of British Columbia.
In British Columbia, the probate fee is $6 for every $1 000 or part of $1 000 between $25 000 and $50 000, plus $14 for every $1 000 or part of $1 000 above $50 000, once the estate is worth more than $25 000. This is the probate fee under the Probate Fee Act, and the personal representative pays it on behalf of the estate.
The fee is based on the gross value of the property that passes to the personal representative at the date of death, as stated in the Statement of Assets, Liabilities and Distribution. That covers real and tangible personal property in BC, plus intangible property if the deceased was ordinarily resident in BC. Benefits paid to a designated beneficiary, such as life insurance, are not part of the estate. No fee is payable if the estate does not exceed $25 000.
The fee must be paid before the grant is issued. It is in addition to the $200 court filing fee, which is also not payable on an estate of $25 000 or less. Any undisclosed asset or valuation error found later means paying the difference.
Key takeaways
- An estate worth $25 000 or less pays no probate fee.
- Above $25 000, the fee is $6 per $1 000 or part of $1 000 up to $50 000, plus $14 per $1 000 or part of $1 000 above $50 000.
- The fee is based on the gross value at death of property passing to the personal representative, and designated beneficiary benefits are outside it.
- The personal representative pays the probate fee before the grant is issued, and the court filing fee is separate.