Who Pays Probate Fees in British Columbia, and When?

If you have been named executor in British Columbia, one of your first questions is likely about money: who has to pay the probate fee, and when? The fee is a government charge tied to the value of the estate, and it comes due before you can get the court document that lets you deal with the estate's assets.

This article explains who pays, when it is due, how the amount is worked out and what to do if you get a value wrong. It does not cover every estate, so a lawyer can confirm how the rules apply to yours.

This article covers the law of British Columbia.

Who pays the fee, and when

The probate fee must be paid to the government before the grant, or a resealing of a grant, is issued. The personal representative pays it on behalf of the estate, but only in his, her or its representative capacity, not personally.

The timing is built into the court process. The registrar issues the estate grant once all fees payable in relation to the filing, including all applicable probate fees, have been paid, and the registrar may refuse approval unless all probate fees have been paid.

The probate fee is in addition to the Supreme Court Civil Rules fees to start the proceeding and to file documents in it. So you are dealing with two different charges, not one.

How the amount is worked out

No probate fee is payable if the value of the estate does not exceed $25,000. Above that, the fee is $6 for every $1,000 (or part of $1,000) of value over $25,000 up to $50,000, plus $14 for every $1,000 (or part of $1,000) of value over $50,000.

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. On a $1,000,000 estate, adding the $200 court filing fee brings the total to $13,650. That $200 is a court fee under the Supreme Court Civil Rules, separate from the probate fee.

What counts toward the value

The Probate Fee Act defines the value of the estate as the gross value, as sworn in a Statement of Assets, Liabilities and Distribution attached to the affidavit leading to the grant. That definition has no deduction for debts or mortgages. The registry can confirm how a particular asset is to be valued.

Only some property is in the fee base. Check each asset against these points:

• The property must pass to the personal representative, so assets that pass directly to someone else at death, such as by right of survivorship or a valid beneficiary designation, fall outside the definition.
• Real property and tangible personal property, such as vehicles and household goods, count only if situated in British Columbia.
• Intangible personal property, such as bank accounts and securities, counts wherever it is located if the deceased was ordinarily resident in BC immediately before death.
• A benefit plan payment can fall into the estate if the designation is invalid, the named beneficiary has died or the estate is named.
• If joint owners cannot be shown to have survived each other, each is deemed to hold as a tenant in common, so a share can pass through the estate.

Who bears the cost in the end

You pay the fee as personal representative on behalf of the estate. How that cost is shared among beneficiaries depends on the wording of the will, on which assets are in the estate and on what the estate holds in cash. Those points turn on the facts, so a lawyer can confirm how it works for you.

If the estate has no cash yet, the timing can be a practical problem, because the fee is due before the grant issues. Ask the court registry and a lawyer how to handle that before you file.

Mistakes, exceptions and next steps

If, after the grant, you learn of an undisclosed asset or that a value in the statement must be revised, you 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. You must also promptly file a supplemental affidavit and pay all related fees.

Some situations carry no fee. No probate fee is payable on a grant de bonis non, a cessate grant or a double probate. The $200 court fee is not payable for a grant if the estate does not exceed $25,000 in value. Estates that receive a federal Memorial Grant for First Responders payment may qualify for remission of the fee paid or payable on or after July 1, 2021.

• List every asset and note whether it passes to you or directly to someone else.
• Note where each asset is located and where the deceased was ordinarily resident.
• Confirm the current fee amounts with the court registry before filing.
• Keep records of every value you report.
• Ask a lawyer about how the fee is shared among beneficiaries.

Frequently asked questions