Probate Fee on a $1 Million Estate in British Columbia

If you are the executor of an estate that is around $1 million, you will want an exact figure for the probate fee rather than a rough guess. The calculation in British Columbia is straightforward once you know the tiers.

This article walks through the arithmetic step by step, then looks at what can change the number: assets outside the fee base, part-of-$1,000 rounding, and corrections after the grant.

This article covers the law of British Columbia.

The rule behind the calculation

No probate fee is payable if the value of the estate does not exceed $25,000. When the value is higher, 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 of $1,000) over $50,000.

Step by step for $1,000,000

The $200 is a court fee separate from the Probate Fee Act fee on estate value. The probate fee is also in addition to the Supreme Court Civil Rules fees to start the proceeding and file documents in it.

Why your estate may not be exactly $1,000,000

Real estates rarely come out to a round number. Any part of $1,000 is charged as a full $1,000, so an estate of $1,000,500 is charged as $1,001,000. For comparison, a $500,000 estate has a fee of $6,450.

The value used is the gross value, as sworn in the Statement of Assets, Liabilities and Distribution that is exhibited to the affidavit leading to the grant. The definition contains no deduction for debts or mortgages. How real property should be valued for this purpose is a question to confirm with the court registry or a lawyer, because the Act speaks only of gross value.

What counts and what does not

The fee base is property that passes to the personal representative at the date of death. Check each asset:

• Real estate and tangible personal property such as vehicles and household goods count only if situated in British Columbia.
• Bank accounts and securities outside BC count only if the deceased was ordinarily resident in BC immediately before death, and then they count wherever situated.
• Assets that pass directly, such as by right of survivorship or a valid beneficiary designation, are outside the definition.
• Joint property can still fall into the estate if owners cannot be shown to have survived each other, or if the holding is only a tenancy in common.
• A benefit payable to the estate, for example because the named beneficiary has died or a designation is invalid, may form part of the fee base.

Paying, correcting and what to do next

The fee is paid before the grant issues, by the personal representative on behalf of the estate and not personally. The registrar issues the grant once all fees payable have been paid.

If you later find an asset you did not disclose, or learn a value must be revised, you must disclose it to the court and pay the difference between the fee paid and the greater fee that would have been payable. You must also promptly file a supplemental affidavit and pay related fees.

The BC government says no lawyer is needed to apply for a grant of probate or administration, and an application can be made at any BC Supreme Court registry. If the deceased was not domiciled or ordinarily resident in BC and property outside BC is or will be administered abroad, the affidavit may instead be Form P11. How this applies depends on your situation, so it is worth confirming with a lawyer.

• List every asset with its location and how title is held.
• Separate assets that pass to you as personal representative from those passing directly to others.
• Prepare the affidavit of assets and liabilities, which is Form P10 for a domiciled estate.
• Run the numbers using the tiers above and confirm current amounts with the registry or a lawyer.
• Keep records so any later correction is simple.

Frequently asked questions