The $200 Probate Filing Fee in British Columbia Explained

If you are preparing a probate application in British Columbia and see a $200 charge, it is easy to wonder whether that is the whole cost of probate. For most estates it is not. That amount is one of two separate charges, and mixing them up is a common source of surprise.

This article explains what the $200 charge is, when it applies, how it differs from the probate fee calculated on the estate, and what to check before you file. Fee schedules can be amended, so confirm the current amounts with the court registry before you pay.

This article covers the law of British Columbia.

What the $200 charge is

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. It is a court fee, and it is separate from the fee that the Probate Fee Act charges on estate value. It 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.

The Probate Fee Act says its fee is in addition to the Supreme Court Civil Rules fees to start the proceeding and to file documents in it. So an application for a grant of probate or administration can involve both a court fee and a probate fee.

How it differs from the probate fee

When the estate is worth more than $25 000, the probate fee is $6 for every $1 000 (or part of $1 000) above $25 000 up to $50 000, plus $14 for every $1 000 (or part of $1 000) above $50 000.

Worked examples

On a $500,000 estate, the probate fee is $150 on the first band plus $6,300, for $6,450. On a $1,000,000 estate, the probate fee is $13,450, and with the $200 court filing fee the total is $13,650.

Any part of $1,000 is charged as a full $1,000, so $1,000,500 is charged as $1,001,000. These are illustrations of the arithmetic only. The figure on your own file depends on the value shown in the sworn statement of the estate's assets and liabilities.

When the fees do not apply, or may be reduced

• If the person died leaving an estate of $25 000 or less, the $200 court fee is not payable to file for and obtain a grant of probate or administration.
• No probate fee is payable if the value of the estate does not exceed $25 000.
• No probate fee is payable on a grant de bonis non, a cessate grant or a double probate.
• Where the estate receives a federal Memorial Grant for First Responders payment, a regulation authorizes remission of the probate fee, if the fee is paid or payable on or after July 1, 2021.

Whether the $200 court fee applies in the less common grant types listed above is something to confirm with the registry or a lawyer, because the exception for the court fee is stated by reference to estates of $25 000 or less.

What to do next

The probate fee must be paid to the government 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 on the filing, including applicable probate fees, have been paid. No lawyer is needed to apply for a grant, and an application can be made at any BC Supreme Court registry.

• Estimate the value of the estate so you know whether it is above or below $25 000.
• Ask the registry to confirm the current court filing fee and how it is to be paid.
• Gather asset and debt information for the sworn statement of assets and liabilities.
• Check whether any exception, such as the first responders remission, could apply.
• Speak with a lawyer if the estate is large, complex or has assets outside British Columbia.

Frequently asked questions