What Is the $200 Probate Filing Fee in BC?

When you prepare a probate application in British Columbia, you will see a $200 court fee and, separately, a probate fee based on the estate's value. They are easy to confuse, and they are calculated in completely different ways.

This article explains what the $200 covers, when it does not apply, and how it fits with the rest of the fees you pay as personal representative.

This article covers the law of British Columbia.

What the $200 is

The $200 is the Supreme Court filing fee in Schedule 1, Item 1 of the Supreme Court Civil Rules for commencing a proceeding. It is a court fee, not a tax on the estate's value.

Under the Probate Fee Act, the probate fee is in addition to the Supreme Court Civil Rules fees to start the proceeding and to file documents in it.

How it differs from the probate fee

On a $1,000,000 estate the two together come to $13,650. The probate fee itself is $6 for every $1 000 (or part of $1 000) by which the value exceeds $25 000 up to $50 000, plus $14 for every $1 000 (or part of $1 000) by which the value exceeds $50 000. On a $500,000 estate, for example, the probate fee works out to $6,450.

The Act defines the value of the estate as its gross value, as stated in a Statement of Assets, Liabilities and Distribution, and that definition contains no deduction for debts or mortgages. Assets that pass directly to someone else at death, for example by right of survivorship or a valid beneficiary designation, fall outside the definition. If a designation is invalid, or the named beneficiary has died or the estate is named, the benefit may be payable to the estate and so form part of the fee base.

When the $200 does not apply

The $200 is not payable to file for and obtain a grant of probate or administration if the person died leaving an estate that does not exceed $25 000 in value. Likewise, no probate fee is payable at that level.

• No probate fee is payable on a grant de bonis non, a cessate grant or a double probate.
• For estates that receive a federal Memorial Grant for First Responders payment, a regulation authorizes remission of the probate fee where it is paid or payable on or after July 1, 2021.

Those last exceptions concern the probate fee. Whether the $200 also applies in a particular case depends on the facts, so confirm with the registry or a lawyer.

When it is paid and what follows

The probate fee must be paid to the government before the grant issues, and the personal representative pays it on behalf of the estate in a representative capacity, not personally. The registrar issues the grant once all fees payable in relation to the filing, including applicable probate fees, have been paid. The registrar may also refuse approval unless all probate fees have been paid.

The affidavit of assets and liabilities is Form P10 for a domiciled estate. It may be filed at the same time as, or after, the other application documents. If the deceased was not domiciled or ordinarily resident in BC and property outside BC will be administered abroad, Form P11 may be used instead.

Fee amounts in the Rules can be amended, so confirm the current figures with the court registry before you file. The registry can also tell you how payment is made.

What to do next

• Estimate the gross value of assets that will pass to you as personal representative.
• Work out the probate fee separately from the $200 court fee.
• Confirm current amounts with the Supreme Court registry.
• Complete the correct affidavit of assets and liabilities, Form P10 or P11.
• If you later find assets or errors, promptly file a supplemental affidavit (Form P14, or P15 for a non-domiciled grant) and pay all related fees.

No lawyer is needed to apply for a grant, and an application can be made at any BC Supreme Court registry. If the estate is complex, a lawyer can help you check the figures.

Frequently asked questions