- The probate fee is $6 per $1 000 (or part) from $25 000 to $50 000, plus $14 per $1 000 (or part) above $50 000.
- The fee base is limited to property that passes to the personal representative, so assets passing directly to others are outside it.
- If an asset is missed or a value changes after the grant, the personal representative must disclose it and pay the difference in fee.
Probate fees can be a significant cost on a larger estate, so it is natural to ask whether they can be lowered. The answer is that some lawful steps exist, but each has trade-offs, and none should be taken for the fee saving alone.
This article explains how the fee is calculated, what the law counts and does not count, and the risks of the most common approaches. It is general information, not a plan for your situation.
This article covers the law of British Columbia.
How the fee is calculated
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) over $25 000 up to $50 000, plus $14 for every $1 000 (or part) over $50 000.
For example, a $500,000 estate owes a probate fee of $6,450, and a $1,000,000 estate owes $13,450. The Act defines the value of the estate as gross value and contains no deduction for debts or mortgages in that definition. How any particular debt affects the fee on your file is worth confirming with the court registry.
What counts toward the fee
The fee base is the real and tangible personal property of the deceased situated in British Columbia, and, if the deceased was ordinarily resident in BC immediately before death, the intangible personal property wherever situated, in each case that passes to the personal representative at the date of death.
Two ideas follow from this wording. First, assets that pass directly to someone else, for example by survivorship or a valid beneficiary designation, are outside the definition. Second, location matters: real estate in another province or country is outside the BC fee base.
Common approaches and their risks
| Approach | How it relates to the fee | Main risk |
|---|---|---|
| Joint ownership with survivorship | Land with survivorship passes to the survivor, not the personal representative | A tenancy in common, or simultaneous deaths, leaves it in the estate |
| Beneficiary designations | A participant may name a designated beneficiary on a benefit plan | If the designation is invalid, the beneficiary has died or the estate is named, the benefit may be payable to the estate |
| Assets outside BC | Out-of-province real estate and tangible property is outside the fee base | Intangibles count wherever situated if the deceased was ordinarily resident in BC |
Designations also have limits. Part 5 does not apply to a contract of insurance governed by Part 3 or 4 of the Insurance Act, and a designation cannot be changed after payments start unless the plan terms permit.
Risks that are not about the fee
- Control and intent: putting an asset in joint names can change who controls it during your lifetime, and whether a joint owner holds it beneficially can become a court question.
- Fairness: moving assets outside the will can leave other beneficiaries with less than you intended, which can lead to disputes.
- Tax: property is generally treated as disposed of just before death at fair market value, and RRSP and RRIF amounts are reported as income on the final return. A deferral is available for transfers to a surviving spouse, common-law partner or qualifying spousal trust.
- Disclosure: if you leave out an asset that passes through the estate, you must later disclose it and pay the difference in fee.
What to do next
If you are administering an estate, report the assets and liabilities accurately. If after the grant you learn of an undisclosed asset or that a value must be revised, you must disclose it to the court and pay the difference. Where the court application has been filed, you must promptly file a supplemental affidavit and pay related fees, including applicable probate fees.
- List every asset and note how it passes: through the estate, by survivorship, or by designation.
- Note where each asset is located and where the deceased was ordinarily resident.
- Review beneficiary designations to check they are valid and current.
- Consider tax, family fairness and control, not only the fee.
- Speak with a lawyer or accountant before changing how any asset is held.
Frequently asked questions
Can I lower the fee by subtracting the mortgage?
The Act defines the value of the estate as gross value and contains no deduction for debts or mortgages in that definition. Confirm with the court registry how it applies to your file.
Do assets with a named beneficiary pay probate fees?
Assets that pass directly to someone else under a valid designation are outside the statutory definition. If the designation is invalid, the named beneficiary has died or the estate is named, the benefit may be payable to the estate.
Do assets outside British Columbia count?
Real estate and tangible property outside BC does not count. Intangible property such as bank accounts and securities counts wherever situated if the deceased was ordinarily resident in BC immediately before death.
What if I left something out of the estate value?
If you learn of an undisclosed asset or that a value must be revised after the grant, you must disclose it to the court and pay the difference between the fee paid and the greater fee that would have been payable.
Sources
- Probate Fee Act, s. 2(3) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-3(9) — bclaws.gov.bc.ca
- Wills, Estates and Succession Act, Part 5, ss. 84–85 — bclaws.gov.bc.ca
- Canada Revenue Agency, Taxable capital gains on property (someone who died) — canada.ca
- Income Tax Act, s. 70 / CRA — Justice Laws (federal)
- Canada Revenue Agency, Report income, transfers, and dispositions — canada.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
Ask our Team for a quote. We reply by email.