How Much Are Probate Fees in British Columbia? Current Rates

If someone close to you has died and you are the one expected to apply for probate, one of the first questions is usually what it will cost. In British Columbia the answer depends mostly on the value of the estate, so it helps to understand how that value is counted.

This article explains the two charges that usually appear, how the tiered probate fee is worked out, and what counts toward the estate's value. Treat the figures as a way to estimate. Amounts can change, so confirm them with the court registry or a lawyer before you rely on them.

This article covers the law of British Columbia.

The two charges: court filing fee and probate fee

Probate in British Columbia involves two separate charges. The probate fee is set by the Probate Fee Act and is in addition to the Supreme Court Civil Rules fees to start the proceeding and file documents in it. The court filing fee is a different charge: it is $200 under Schedule 1, Item 1 of the Supreme Court Civil Rules for commencing a proceeding.

There is an exception for small estates. The $200 filing fee is not payable to obtain a grant of probate or administration if the person died leaving an estate that does not exceed $25,000 in value.

How the tiered probate fee works

No probate fee is payable if the value of the estate does not exceed $25,000. Once the value is above $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.

Any part of $1,000 is charged as a full $1,000, so an estate of $1,000,500 is charged as if it were $1,001,000. Adding the $200 court filing fee to the $1,000,000 example gives a total of $13,650.

What counts toward the value of the estate

The Act uses the gross value of the estate, as sworn in a Statement of Assets, Liabilities and Distribution that goes with the affidavit leading to the grant. The definition contains no deduction for debts or mortgages. Who bears a debt is a separate question from the fee base. For example, where property is subject to a purchase money security interest, a beneficiary's interest in that property is primarily liable for that debt. How this applies to your estate depends on the facts, so it is worth confirming with the registry or a lawyer.

The base is limited to property that passes to the personal representative. It includes real and tangible personal property of the deceased situated in British Columbia, and, if the deceased was ordinarily resident in BC just before death, intangible personal property such as bank accounts and securities wherever it is located. Real estate in another province or country is outside the BC fee base.

Assets that may fall outside the fee

Assets that pass directly to someone else at death, for example by right of survivorship or a valid beneficiary designation, are outside the statutory definition. Jointly held land with a right of survivorship passes to the survivor rather than the personal representative. Each asset should be checked against the definition.

These points have exceptions:

• If joint owners cannot be shown to have survived each other, or die simultaneously, each is deemed to have held the property or joint account as tenants in common, so a share can pass through the estate.
• A joint holding that is only a tenancy in common, with no survivorship, passes to the personal representative.
• If a beneficiary designation is invalid, the named beneficiary has died, or the estate is named, the benefit may be payable to the estate and form part of the fee base.

Paying the fee and correcting mistakes: what to do next

The probate fee must be paid before the grant issues, and the personal representative pays it on behalf of the estate in that representative capacity, not personally. The registrar issues the grant once all fees payable, including probate fees, have been paid. If you later find an asset you did not disclose, or that a value needs revising, you must disclose it to the court and pay the difference in fee.

• List every asset and note whether it passes to the personal representative or directly to someone else.
• Note where each asset is located and whether the deceased was ordinarily resident in BC.
• Estimate the fee using the tiers above and add the court filing fee if the estate exceeds $25,000.
• Confirm current amounts and valuation questions with the court registry or a lawyer before filing.

Frequently asked questions