Do I Have to Pay Probate Fees Before I Get the Grant of Probate in British Columbia?
This answer covers the law of British Columbia.
Yes. In British Columbia the probate fee must be paid to the government before the grant of probate issues. The registrar issues the grant once all fees payable on the filing, including the applicable probate fees, have been paid.
The executor pays the fee on behalf of the estate, but only in a representative capacity, not personally. The probate fee is in addition to the court fees for starting the proceeding and filing documents. The court filing fee is $200, although it is not payable where the estate does not exceed $25 000 in value. No probate fee is payable at all if the estate does not exceed $25 000.
The Act sets the timing of payment, not the method. How to pay, and what to do if the estate has no cash available yet, are questions to put to the court registry before you file, and a lawyer can help you plan around them. If you later find an asset or a value that was wrong, you must disclose it and pay the difference in fee.
Key takeaways
- The probate fee must be paid before the grant or resealing issues, and the registrar issues the grant once all fees are paid.
- The executor pays on behalf of the estate, but only in a representative capacity and not personally.
- The probate fee is separate from, and in addition to, the court fees to start the proceeding and file documents.
- How to pay, and what to do when the estate has no cash yet, are worth confirming with the court registry or a lawyer.