How Are Probate Fees Calculated in British Columbia?

If you are the executor or administrator of an estate in British Columbia, one of the first practical questions is how much the probate fee will be. The answer depends on a specific figure: the value of the estate as the law defines it. That is not always the same as everything the person owned.

This guide walks through what counts, how the rates apply, and what can leave the figure out. The numbers here can change with a provincial budget, so confirm current amounts before you file.

This article covers the law of British Columbia.

What counts as the value of the estate

The probate fee is calculated on the value of the estate as defined in section 1 of the Probate Fee Act. That is the gross value, stated in the Statement of Assets, Liabilities and Distribution, of the property that passes to the personal representative, measured at the date of death.

The definition covers real property and tangible personal property in British Columbia. It also covers intangible personal property, such as bank accounts and investments, if the person was ordinarily resident in British Columbia. Assets are listed in the column headed Value at Death, and real property is shown at market value.

Before you apply, you must make a diligent search and inquiry to find the deceased's property and liabilities, so this valuation work comes first.

The rates and how they apply

If the estate is worth more than $25 000, the fee 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. Because of the words "or part of $1 000", a partial thousand is charged as a full one.

In practice, you work through the estate in bands. The first $25 000 carries no probate fee. The part between $25 000 and $50 000 is charged at the $6 rate, and the part above $50 000 is charged at the $14 rate. You add those amounts together, and the court filing fee of $200 to file for and obtain the grant is separate.

What lowers the figure and what is left out

The fee is based on gross value, so debts do not simply come off the total. Secured debts are listed under the asset they charge, such as a mortgage against a house. How other debts, like a credit card balance, appear on the form depends on your situation, so ask a lawyer or accountant if your estate has significant debts.

Some property is outside the estate for fee purposes. Common examples are listed here.

• A benefit paid to a designated beneficiary under a pension, RRSP or life insurance designation does not form part of the estate and is not caught by the probate fee definition.
• Land held in joint tenancy passes to the surviving joint tenants through a transmission application to the Land Title and Survey Authority, rather than to the personal representative.
• Real and tangible property outside British Columbia is disclosed separately in Exhibit B to Form P10. The probate fee definition covers real and tangible property in British Columbia, plus intangible property if the person was ordinarily resident here.

If the person was not domiciled or ordinarily resident in British Columbia, Form P11 may be used instead of Form P10. It discloses only the property within British Columbia, because property elsewhere is being administered elsewhere.

Joint tenancy only applies if title says so. If the title does not say joint tenants, the owners are tenants in common and survivorship does not apply.

When you pay, small estates and later surprises

The personal representative, acting for the estate, must pay the probate fee to the government before the grant or resealing is issued. It is in addition to the court filing fees.

No probate fee is payable if the estate does not exceed $25 000, and no $200 court filing fee is payable at that level either. That does not mean a grant is unnecessary. In practice, a grant is needed when an organization holding the deceased's assets asks for one, and each institution has its own policy.

No probate fee is payable for a grant de bonis non, a cessate grant or a double probate.

If you later find property or liabilities that were not disclosed, or learn the information was wrong or incomplete, the Form P10 affidavit commits you to promptly file a further affidavit in Form P14. If an undisclosed asset or a valuation error comes to light after the grant, the personal representative must disclose it to the court and pay the difference in probate fee.

What to do next

• List every asset and note whether it is in British Columbia, elsewhere, or passes outside the estate by designation or survivorship.
• Record the date-of-death value of each asset, using market value for real property.
• Note any debt registered against a particular asset, and confirm with a professional how other debts are treated.
• Add up the gross value, then apply the rates to every $1 000 or part of $1 000 above $25 000.
• Budget for the $200 court filing fee as well, unless the estate is $25 000 or less.
• Keep a record of any asset discovered later, since a further affidavit and extra fee may follow.

You do not need a lawyer to apply for a grant of probate or administration. Still, if the estate has property in several places, large debts or joint ownership questions, getting advice before you file can help you avoid a costly correction later.

Frequently asked questions