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The Complete Guide to Probate Fees in BC

Set by the probate fee act of British Columbia, probate fees range from 0.06 to 1.4% of the estate's value - in this post, we break down the probate fee structure in BC.

Written by Sara Hillier
Edited by Sara Hillier
Posted on August 17, 2022
Updated: September 12, 2024
5 min read time

Fact Checked by Sara Hillier

Article Contents

What Are The Probate Fees in BC?
How To Calculate The Value of an Estate in BC
Other Costs of Probate in British Columbia

Key Takeaways:

British Columbia has a tiered fee structure based on the estates gross value - the tiered probate fee structure is as follows:
- No fee ($0) applied to the first $25,000 of the estate.
- 0.06% of the estate’s value is worth more than $25,000 but does not surpass $50,000
- 1.4% of the estate’s value is worth above $50,000
- $200 court filing fee for estates worth over $25,000
Probate fees are calculated based on the gross value of the estate, including all real estate, tangible, and intangible property, with no deductions allowed.
According to a 2021 survey, probate lawyers on average cost BC residents $4,750 in 2021.
Executors are responsible for paying probate fees to the Ministry of Finance upon application for a grant of probate, but the estate typically provides or reimburses these funds.

What Are The Probate Fees in BC?

Determined by the Supreme Court, British Columbia's probate fees are detailed by The Probate Fee Act [SBC 1999] CHAPTER 4 and are as follows:

Estate Value	Probate Fee
Up to $25,000	$0 (No fee)
$25,001-$50,000	0.6% of estate value
Over $50,000	1.4% of estate value

The above information is current as of July 9, 2024.

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.

Let’s do some examples of calculating the probate fee:

An estate worth $850,000:

Fee Component	Calculation	Amount
Base fee (first $25,000)	$0	$0
Court filing fee	Flat fee	$200
Fee on next $25,000	0.06% x $25,000	$150
Fee on remainder	1.4% x $800,000	$11,200
Total probate fees	Sum of all fees	$11,550

Total probate fees for an estate worth $850,000 is $11,550

The probate fee may be waived by the court in certain circumstances, such as if the estate is subject to a tax lien or if the Executor files an affidavit of indigency.

Want a quick estimate? Try our BC probate fee cost calculator:

Probate Fee Calculator

Input the real estate and tangible personal property located in British Columbia, as well as the intangible property located anywhere in the world to get an estimation of the probate fees.

Real estate and tangible property value

Do not remove any debts or loans from the estate total value.

Intangible property value

Include property located anywhere if the deceased was a BC resident. If not, include only the property located in BC.

Note:

The probate fee is applied to the total gross value of the estate assets - there are no deductions.

When and How is The Probate Fee Paid?

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.

How To Calculate The Value of an Estate in BC

To calculate the probate fee, the executor must determine the gross value of the estate at the time of the decedent's death, which includes:

Real estate and tangible personal property situated in British Columbia.
Intangible personal property located anywhere globally, provided the deceased was a regular resident of British Columbia.

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.

Other Costs of Probate in British Columbia

Probate is not only a lengthy process, but as you can see - it's a costly one as well.

Aside from paying the probate fee to 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.

Beyond the Supreme Court Fees

Legal, professional, and executor costs can significantly impact the estate's value, necessitating informed decisions and planning. Our team of estate specialists is here to guide you through these complexities.

To discuss how you can efficiently manage your loved one's estate book a free consultation with us today.

This conversation could offer significant savings and peace of mind, ensuring your legacy is preserved according to your wishes.

Sara Hillier

Sara is a designated TEP (Trust and Estate Practitioner) and MTI (Member Trust Institute) with 14 years of experience in the estate planning and settlement fields. Sara uses her extensive knowledge to provide thoughtful and compassionate guidance in an approachable manner.

Edited by Sara Hillier on September 12, 2024