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Wills & Estates

Are Probate Fees Charged on Property Held Outside British Columbia?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

This answer covers the law of British Columbia.

Sometimes. Whether property outside British Columbia counts toward the BC probate fee depends on the type of property and where the person lived. Real property and tangible personal property, such as vehicles and household goods, count only if situated in British Columbia, so real estate in another province or country is outside the fee base.

Intangible personal property, such as bank accounts and securities, is different. If the person was ordinarily resident in BC immediately before death, it counts wherever it is situated. If they were not, only BC real and tangible property plus BC-situated assets count. In each case the property must pass to the personal representative, so assets that pass directly to someone else, such as by survivorship or a valid beneficiary designation, fall outside the definition.

Where the person was not domiciled or ordinarily resident in BC and property outside BC will be administered abroad, the applicant may file an affidavit of assets and liabilities for a non-domiciled estate in Form P11. Other provinces and countries may have their own fees and rules, so it is worth confirming with a lawyer in that place.

Key takeaways

  • Real property and tangible personal property count toward the BC fee only if situated in British Columbia.
  • Intangible property such as bank accounts and securities counts wherever situated if the person was ordinarily resident in BC just before death.
  • If the person was not ordinarily resident in BC, only BC real and tangible property plus BC-situated assets count.
  • Property must also pass to the personal representative to count, so assets passing directly to someone else are outside the fee base.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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