- When the estate is worth more than $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) above $50 000.
- No probate fee is payable under the Probate Fee Act if the value of the estate does not exceed $25 000.
- The fee is based on gross value, with no deduction for debts or mortgages.
If you are about to apply for a grant of probate, one of your first questions is likely what it will cost. In British Columbia the probate fee is set by a formula based on the value of the estate.
This article walks through the rates, what counts toward the value, and how to work out a total. It is general information, and the figures should be confirmed with the registry before you pay.
This article covers the law of British Columbia.
The 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.
| Estate value | Probate fee |
|---|---|
| $25,000 or less | No probate fee |
| Over $25,000 up to $50,000 | $6 for every $1,000 or part of $1,000 over $25,000 |
| Over $50,000 | The amount for the band to $50,000, plus $14 for every $1,000 or part of $1,000 over $50,000 |
Working out the total
An estate of exactly $50,000 owes $150. An estate valued at $500,000 owes $150 on the first band plus $14 x 450 = $6,300, a probate fee of $6,450. On a $1,000,000 estate, the fee is $6 x 25 = $150 on the $25,000 to $50,000 band plus $14 x 950 = $13,300 on the $950,000 above $50,000, for a probate fee of $13,450.
Any part of $1,000 is charged as a full $1,000, so $1,000,500 is charged as $1,001,000.
What counts toward the value
The value is the gross value, as deposed to in a Statement of Assets, Liabilities and Distribution, and the definition contains no deduction for debts or mortgages.
- Real and tangible personal property of the deceased situated in British Columbia counts.
- If the deceased was ordinarily resident in BC immediately before death, intangible personal property such as bank accounts and securities counts wherever situated.
- Real estate in another province or country is outside the base.
- Assets that pass directly to someone else, such as by right of survivorship or a valid beneficiary designation, are generally outside the definition.
- A designation that is invalid, or names a beneficiary who has died or the estate itself, may leave the benefit payable to the estate, so it can form part of the base.
- A joint holding that is only a tenancy in common passes to the personal representative, and joint tenants who cannot be shown to have survived each other are deemed to hold as tenants in common.
Other costs and exceptions
The probate fee is in addition to the court fees to start the proceeding and file documents. The $200 charge is the Supreme Court filing fee for commencing a proceeding, separate from the fee on estate value. On a $1,000,000 estate, the total with that filing fee is $13,650. The $200 court filing fee 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.
No probate fee is payable on a grant de bonis non, a cessate grant or a double probate. For estates receiving a federal Memorial Grant for First Responders payment, a remission regulation authorizes remission of the probate fee where it is paid or payable on or after July 1, 2021. Fee amounts can be amended, so confirm current figures.
What to do next
- List every asset and decide which ones pass to the personal representative.
- Note where each asset is located and whether the deceased was ordinarily resident in BC.
- Calculate the fee using the bands and round each part of $1,000 up.
- Remember the fee must be paid before the grant issues.
- Confirm the amounts with the registry or a lawyer before you file.
Frequently asked questions
Is the $200 court filing fee payable on an estate of $25,000 or less?
Separately from any probate fee, the $200 court filing fee 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.
Do I subtract the mortgage before calculating the fee?
The Act's definition uses gross value and has no deduction for debts or mortgages. Confirm how your case is treated with the registry.
Does property outside British Columbia count?
Real estate in another province or country is outside the fee base. Intangible property such as bank accounts counts wherever situated only if the deceased was ordinarily resident in BC immediately before death.
When do I have to pay the fee?
The probate fee must be paid before the grant issues. The personal representative pays it on behalf of the estate, not personally.
Sources
- Probate Fee Act, s. 2(1) — 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
- Wills, Estates and Succession Act, s. 89 — 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.