How much are probate fees in BC and how are they calculated?
This answer covers the law of British Columbia.
In British Columbia, no probate fee is payable on an estate worth $25 000 or less. Above that, the 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.
Any part of $1,000 is charged as a full $1,000. The fee is based on the gross value of the estate as sworn in a Statement of Assets, Liabilities and Distribution, and that definition contains no deduction for debts or mortgages. For example, a $500,000 estate owes a probate fee of $6,450, and a $1,000,000 estate owes $13,450. The $200 court filing fee is separate and is added on top, making $13,650 in the second example.
Only property passing to the personal representative counts: BC real and tangible property, and intangible property wherever located if the deceased was ordinarily resident in BC. Survivorship and valid beneficiary designations can take assets outside the fee base, with exceptions such as a tenancy in common or invalid designation. Which assets count depends on the facts. Court fee schedules can be amended, so confirm the current amounts with the registry or a lawyer before you budget.
Key takeaways
- No probate fee is payable if the estate does not exceed $25 000, and above that the fee is $6 for every $1 000 up to $50 000 and $14 for every $1 000 beyond that.
- Any part of $1,000 is charged as a full $1,000, so $1,000,500 is charged as $1,001,000.
- The fee is based on gross value, and the definition has no deduction for debts or mortgages.
- Assets that pass directly to someone else, such as by survivorship or a valid beneficiary designation, are generally outside the fee base, but they can fall into the estate if survivorship cannot be shown, the owners die simultaneously, the holding is a tenancy in common, or the designation is invalid or the named beneficiary has died.