- Real property and tangible personal property count toward the BC fee only if situated in British Columbia.
- Intangible property such as bank accounts and securities counts wherever situated only if the deceased was ordinarily resident in BC immediately before death.
- Assets that pass directly to someone else at death, such as by survivorship, fall outside the fee base.
If the person who died owned a cottage in another province, a home abroad or accounts in another country, you may wonder how much of it counts when you apply for probate in British Columbia.
The answer turns on two things: what kind of asset it is, and whether the deceased was ordinarily resident in BC immediately before death. This article walks through both.
This article covers the law of British Columbia.
What the fee is based on
The fee base is (a) the real and tangible personal property of the deceased situated in British Columbia, and (b) if the deceased was ordinarily resident in BC immediately before death, the intangible personal property of the deceased wherever situated, in each case that passes to the personal representative at the date of death.
The fee itself is $6 for every $1 000 (or part of $1 000) by which the value of the estate exceeds $25 000 up to $50 000, plus $14 for every $1 000 (or part of $1 000) by which it exceeds $50 000.
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.
The Act defines the value of the estate as the gross value, as deposed to in a Statement of Assets, Liabilities and Distribution exhibited to the affidavit leading to a grant or resealing, and that definition has no deduction for debts or mortgages. How this applies to your estate depends on the facts, so it is worth confirming with the court registry or a lawyer.
Real estate and tangible property outside BC
Real property and tangible personal property, such as vehicles and household goods, count only if situated in British Columbia. Real estate in another province or country is outside the fee base.
Bank accounts and investments outside BC
Intangible personal property, such as bank accounts and securities, located outside BC counts toward the BC fee only if the deceased was ordinarily resident in BC immediately before death. In that case it counts wherever situated. For a person not ordinarily resident in BC, only BC real and tangible property plus BC-situated assets counts.
| Asset | Deceased ordinarily resident in BC | Not ordinarily resident in BC |
|---|---|---|
| Real estate outside BC | Not counted | Not counted |
| Bank accounts and securities outside BC | Counted | Not counted, only BC-situated assets count |
| Real and tangible property in BC | Counted | Counted |
Assets that never reach the estate
Because the fee base is limited to property that passes to the personal representative, assets that pass directly to someone else at death, for example by right of survivorship or a valid beneficiary designation, are outside the definition. Check each asset against the definition.
There are exceptions. If joint tenants cannot be shown to have survived each other, each is deemed to hold the property as tenants in common, so a share can pass through the estate. A designation that is invalid, or a named beneficiary who has died, may mean the benefit is payable to the estate and forms part of the fee base.
If the deceased was not domiciled or ordinarily resident in BC and property outside BC will be administered abroad, the applicant may file an affidavit in Form P11.
What to do next
The applicant files the affidavit of assets and liabilities, which is Form P10 for a domiciled estate, and it may be filed at the same time as, or after, the other application documents. The probate fee is in addition to the Supreme Court Civil Rules fees to start the proceeding and to file documents in it.
The fee must be paid to the government before the grant or resealing issues, and the personal representative pays it on behalf of the estate in a representative capacity, not personally.
If, after the grant, the personal representative learns of an undisclosed asset or that a value in the statement must be revised, they must disclose it to the court and pay the government the difference between the fee paid and any greater fee that would have been payable. If the applicant finds assets or liabilities not referred to in the affidavit, or information that is incorrect or incomplete, they must promptly file a supplemental affidavit (Form P14, or P15 for a non-domiciled grant) and pay all related fees, including applicable probate fees.
- List each asset, where it is located and what type it is.
- Decide whether the deceased was ordinarily resident in BC immediately before death, and confirm this with a lawyer if unclear.
- Note which assets pass by survivorship or designation.
- Ask a lawyer about the process in the other place, since foreign property may need its own steps.
Frequently asked questions
Does a house in Alberta or abroad add to BC probate fees?
No. Real estate in another province or country is outside the fee base, because real property counts only if situated in British Columbia.
Do foreign bank accounts count?
They count only if the deceased was ordinarily resident in BC immediately before death, and then wherever situated.
Does jointly held property count?
Jointly held land with a right of survivorship passes to the survivor rather than the personal representative. There are exceptions, such as joint tenants who cannot be shown to have survived each other.
Which form is used for a non-domiciled estate?
Where the deceased was not domiciled or ordinarily resident in BC and property outside BC will be administered abroad, the applicant may file Form P11.
Sources
- Probate Fee Act, s. 2(1) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-3 — 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.