Estate Settlement
Apr 04, 2024
How To Apply For Probate in Ontario (step-by-step)
Applying for probate in Ontario? Our guide covers submitting the necessary estate forms to the Superior Court and more, step-by-step.
In life, there are 2 things that are certain:
Death, and taxes.
In British Columbia, when someone passes away, these two certainties meet in the form of probate fees.
The probate fee in BC is 1.4% of the estates value above $50,000.
Here is a clear breakdown of British Columbia’s probate fee:
The Probate Fee Act [SBC 1999] CHAPTER 4 (2024-02-20)
Additionally, for estates valued over $25,000, the executor must pay a $200 application filing fee to the Supreme Court, along with the probate fee.
The probate fee is applied to the total gross value of the estate assets - there are no deductions.
Upon application for a grant of probate or a grant of administration at the Supreme Court of British Columbia, the required probate fee must be paid to the Ministry of Finance.
Although the executor or administrator is responsible for paying the fee, it is the estate that provides the funds for the payment or reimburses the executor or administrator for the fee paid.
To determine the applicable probate fees, it's essential to calculate the estate's value. The estate value includes:
Should the deceased not have been a regular resident of British Columbia, the estate's value will only include intangible personal property located within British Columbia.
To streamline your probate fee calculations, our engineering team has developed an easy-to-use BC Probate Fee Calculator.
Just input the estate's value, and it will instantly provide an accurate estimate of the applicable probate fees. This tool is designed to offer you clarity and ease in navigating the financial aspects of estate administration.
Probate is not only a lengthy process, but as you can see - it's a costly one as well.
Aside from the probate fee for the ministry of finance, there are also several other fees which include but not limited to:
Legal Counsel: According to this legal fees study performed by Canadian Lawyer Magazine, in 2021 - the average probate lawyer fee in British Columbia was $4,750.
Professional Fees: In addition to legal counsel, other professional services may be needed such as an estate accountant to file the terminal tax return or t3 trust return.
Executor fee: Executors are able to charge up to 5% of the estates gross value.
Application/Court fee: a $200 basic application filing fee for estates with a gross value of over $25,000 - additional costs like court certified copies of a grant of probate or statement of assets and liabilities are $40.
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