How much is the probate fee in British Columbia and when is it paid?
This answer covers the law of British Columbia.
The probate fee in British Columbia is based on the gross value of the estate at the date of death. No probate fee is payable if the estate does not exceed $25 000. Above that, it 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.
The value counts property that passes to the personal representative, such as real and tangible personal property in BC, plus intangible property if the deceased was ordinarily resident in BC. A pension, RRSP or life insurance benefit paid to a designated beneficiary is not part of the estate and is not caught by the fee. A separate $200 court fee applies to file for a grant, unless the estate does not exceed $25 000.
The personal representative must pay the probate fee before the grant is issued, and it is in addition to the court filing fees. If an undisclosed asset or a valuation error comes to light after the grant, the difference in fee must be paid. Fees can change, so confirm the current amounts before you file.
Key takeaways
- The probate fee is calculated on the gross value of the estate at the date of death, not on its value after debts.
- No probate fee is payable if the estate does not exceed $25 000, and replacement grants such as a grant de bonis non, a cessate grant or a double probate also carry no probate fee.
- Benefits paid to a designated beneficiary, such as a pension, RRSP or life insurance designation, are outside the estate and are not caught by the fee.
- The probate fee is paid before the grant is issued, and a separate $200 court fee applies unless the estate does not exceed $25 000.