- No probate fee is payable if the estate does not exceed $25 000.
- Above $25 000, the fee is $6 per $1 000 or part between $25 000 and $50 000, plus $14 per $1 000 or part above $50 000.
- The fee must be paid before the grant is issued, and it is separate from the $200 court filing fee.
For most executors, the probate fee is the biggest government cost of applying for a grant. It is based on the value of the estate, so the first step is working out which assets count and how they are valued.
This article explains the calculation under British Columbia's Probate Fee Act, what falls outside the estate, and when payment is due. Your own estate may have wrinkles, so use this as a starting point and confirm with a lawyer or accountant.
This article covers the law of British Columbia.
What value the fee is based on
The fee is calculated on the value of the estate under the Probate Fee Act, s. 1. That is the gross value stated in the Statement of Assets, Liabilities and Distribution of the property that passes to the personal representative at the date of death.
It covers real and tangible personal property in British Columbia, plus intangible property if the deceased was ordinarily resident in BC. Assets are valued at the date of death, for example real property at market value. Secured debts are listed under the asset they charge, and if the deceased owned only part of a property, the names of all registered owners are listed.
Because the fee is based on gross value, how debts are treated matters. Ask a lawyer how your particular debts should be shown on the form before you rely on a figure.
The rates
| Estate value | Probate fee |
|---|---|
| $25 000 or less | No fee |
| $25 000 to $50 000 | $6 for every $1 000 or part of $1 000 |
| Above $50 000 | $14 for every $1 000 or part of $1 000 above $50 000, in addition to the amount above |
To estimate the fee, take the gross value of the estate and apply the $6 rate to each $1 000 or part of $1 000 between $25 000 and $50 000, then the $14 rate to each $1 000 or part of $1 000 above $50 000. If the estate does not exceed $25 000, no probate fee is payable.
A $200 court filing fee is added on top, unless the estate does not exceed $25 000, in which case that court fee is not payable. Because the rates apply to each $1 000 or part of $1 000, partial thousands round up.
What is outside the estate
Property that does not pass to the personal representative is not part of the estate for this purpose. A common example is a benefit paid to a designated beneficiary under a plan such as a pension, RRSP or life insurance designation. Under WESA s. 95, that benefit does not form part of the participant's estate and is not subject to the participant's creditors.
Land held in joint tenancy can go to the surviving joint tenants by a transmission application to the Land Title and Survey Authority. The online form is for owners on title who are individuals holding as joint tenants, and the application claims the Property Transfer Tax survivorship exemption. If any owner is a corporation, trustee or business partner, the Land Title and Survey Authority says to contact a legal professional.
If the title does not say joint tenants, the owners are tenants in common and the survivorship route does not apply. Whether a particular asset counts depends on how it is held, so confirm before filing.
When the fee is paid, and later corrections
The personal representative, acting for the estate, must pay the probate fee to the government before the grant or resealing is issued. It is in addition to the court filing fees. The court fee is $200, and it is not payable where the estate does not exceed $25 000.
No probate fee is payable for a grant de bonis non, a cessate grant or a double probate.
If an undisclosed asset or a valuation error comes to light after the grant, the personal representative must disclose it to the court and pay the difference in probate fee. The affidavit also commits the applicant to promptly file a further affidavit in Form P14 if information was wrong or incomplete.
If the deceased was not domiciled or ordinarily resident in BC, Form P11 may be used and discloses only property within British Columbia.
What to do next
- List every asset and its date-of-death value, including real property and tangible property in BC.
- Separate out assets that pass outside the estate, such as designated beneficiary plans.
- Note which debts are secured against which asset.
- Check the current fee rates, since fees can change after provincial budgets.
- Arrange payment before the grant is issued.
- Ask a lawyer or accountant about any asset whose treatment is unclear.
Frequently asked questions
Is there a probate fee on a small estate?
No probate fee is payable if the estate does not exceed $25 000, and the $200 court fee is also not payable at that level. A financial institution may still ask for a grant.
Are RRSPs and life insurance included?
A benefit paid to a designated beneficiary does not form part of the participant's estate and is not caught by the probate fee definition. If there is no valid designation, the answer may differ, so check.
When do I pay the fee?
Before the grant is issued. It is separate from the court filing fee.
What if I miss an asset?
You must disclose it to the court and pay the difference in probate fee. You are also committed to file a further affidavit in Form P14.
Sources
- Province of British Columbia – After a Death: Deal with wills and estates — www2.gov.bc.ca
- Supreme Court Civil Rules, Appendix A.1, Forms P10/P11 Exhibit A — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-3(8) — bclaws.gov.bc.ca
- Probate Fee Act, SBC 1999, c. 4, s. 1 — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Appendix C, Schedule 1, item 1 — bclaws.gov.bc.ca
- Wills, Estates and Succession Act, s. 95 — bclaws.gov.bc.ca
- LTSA – Transmit to surviving joint tenant — ltsa.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.