Who pays probate fees in BC and when are they due?
This answer covers the law of British Columbia.
The probate fee is paid on behalf of the estate by the personal representative, but only in that representative capacity and not personally. It must be paid to the government before the grant or resealing issues.
The registrar issues the estate grant once all fees payable in relation to the filing, including applicable probate fees, have been paid, and may refuse approval until they are. The probate fee is in addition to the court fees to start the proceeding and file documents in it. The amount depends on the gross value of the estate sworn in the Statement of Assets, Liabilities and Distribution. No probate fee is payable if the value of the estate does not exceed $25 000. No probate fee is payable on a grant de bonis non, a cessate grant or a double probate either. If the value is later found to be higher, the personal representative must disclose it and pay the difference.
What happens if the estate cannot cover the fee depends on the facts, including what the estate holds and who is entitled to it. If you are the personal representative, get advice before you apply.
Key takeaways
- The personal representative pays the probate fee on behalf of the estate, but only in a representative capacity and not personally.
- The fee must be paid to the government before the grant or resealing issues.
- The registrar issues the grant once all fees payable, including applicable probate fees, have been paid.
- If a higher value comes to light after the grant, the personal representative must disclose it and pay the difference in fee.