- No probate fee is payable if the estate does not exceed $25 000. Above that, the fee 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.
- The $200 court filing fee is separate from the probate fee, and the probate fee must be paid before the grant issues.
- Some estates pay no probate fee, including estates that do not exceed $25 000 and grants such as a grant de bonis non, a cessate grant or a double probate.
Once you know roughly what an estate is worth, the next question is what the court process will cost. In British Columbia, the main government charge is the probate fee, and it depends on the value of the estate.
This article walks through the rates, some worked figures, the separate court filing fee, the exemptions, and when the fee has to be paid. Amounts can be amended, so confirm the current figures with the court registry before you rely on them.
This article covers the law of British Columbia.
The probate fee rates
When the value of the estate exceeds $25 000, the fee 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. If the value of the estate does not exceed $25 000, no probate fee is payable under the Probate Fee Act.
| Part of the estate value | Fee |
|---|---|
| Up to $25,000 | Nothing |
| $25,000 to $50,000 | $6 per $1,000 or part |
| Above $50,000 | $14 per $1,000 or part |
The fee is based on the gross value of the estate, as set out in a Statement of Assets, Liabilities and Distribution, and the Act does not include a deduction for debts or mortgages in that definition. How to work out that value is covered in our separate article on calculating estate value.
Worked figures and the rounding rule
Any part of $1,000 is charged as a full $1,000. For example, an estate of $1,000,500 is charged as though it were $1,001,000.
- An estate of exactly $50,000 owes $150.
- An estate valued at $500,000 owes $150 on the first band plus $6,300, for a probate fee of $6,450.
- An estate of $1,000,000 owes $150 on the $25,000 to $50,000 band plus $13,300 on the amount above $50,000, for a probate fee of $13,450.
These figures are the probate fee only. The court filing fee is added on top, as explained next.
The separate $200 court filing fee
The probate fee is in addition to the Supreme Court Civil Rules fees to start the proceeding and to file documents in it. The $200 charge is the Supreme Court filing fee for commencing a proceeding, found in Schedule 1, Item 1 of the Supreme Court Civil Rules.
On a $1,000,000 estate, the probate fee of $13,450 plus the $200 filing fee gives a total of $13,650. The Rules fee schedule can be amended, so check the current filing fee with the registry.
Exemptions and reductions
- No probate fee is payable under the Probate Fee Act if the value of the estate does not exceed $25 000.
- The $200 court filing fee is also 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.
- 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 remission regulation authorizes remission of the probate fee where the fee is paid or payable on or after July 1, 2021.
Whether your situation fits one of these exceptions depends on the facts, so it is worth confirming with the registry or a lawyer.
Timing, liability and what to do next
The probate fee must be paid to the government before the grant issues. The registrar issues the grant once all fees payable, including applicable probate fees, have been paid, and may refuse approval unless they are paid. The personal representative pays the fee on behalf of the estate, but only in a representative capacity, not personally.
If you later find an asset that was not disclosed, or a value that must be revised, you must disclose it to the court and pay the difference between the fee paid and any greater fee that would have been payable. You must also promptly file a supplemental affidavit and pay all related fees, including applicable probate fees.
- Add up the gross value of the estate using the Statement of Assets, Liabilities and Distribution.
- Apply the rates to get the probate fee, remembering to round each part of $1,000 up.
- Add the court filing fee unless the estate is $25,000 or less.
- Check whether an exemption or remission applies.
- Confirm current amounts with the registry before you file.
Frequently asked questions
Is there a probate fee on the first $25,000 of an estate?
No. Above that, the fee is charged in bands.
Is the $200 filing fee part of the probate fee?
No. It is a separate court fee under Schedule 1, Item 1 of the Supreme Court Civil Rules, and it is charged in addition to the probate fee.
Am I personally responsible for the probate fee as personal representative?
The fee is paid on behalf of the estate, and only in your representative capacity, not personally. It must be paid before the grant issues.
What happens if I find more assets after the grant?
You must disclose them to the court and pay the difference between the fee paid and any greater fee that would have been payable. You must also promptly file a supplemental affidavit and pay related fees.
Sources
- Probate Fee Act, s. 2(1) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-4 — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Appendix C, Schedule 1, Item 1 — bclaws.gov.bc.ca
- Probate Fee (Memorial Grant for First Responders) Remission Regulation — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
A single will with us is from $894.88, tax included. Third-party fees are extra.