Probate Fees in BC

Understanding probate fees in BC is an important part of estate planning. In BC, probate costs are determined by the gross value of the estate. There are no probate fees for estates under $25,000. For estates valued more than $25,000, the cost of probate is tiered.

Probate fee calculation 

• $25,000 and below: No probate fee.
• $25,001 to $50,000: $6 per $1,000 (0.6%) of the estate’s value in this range
• Over $50,000: $14 per $1,000 (1.4%) of the estate’s value above $50,000
• Court filing fee: Additional flat $208 for estates over $25,000

What is a Probate in BC?

Probate is the legal process that confirms if a will is valid and gives the executor the authority to manage the deceased’s estate. This process ensures that financial institutions, like banks,  government bodies, and other parties recognize the executor’s legal right to act on behalf of the estate.

Probate is typically required when the deceased owned real estate, had significant assets, or when financial institutions request court validation before releasing funds.

Without probate, banks or land title offices may refuse to transfer or release assets, even to family members.

Probate with and without a Will

What to do when there is no will: Letters of Administration

When someone passes away before they have a chance to make a will, it is still possible to step in and manage their assets. Certain people can apply to the BC Government for a grant of administration with letters of administration, and if that gets approved, it would allow the person receiving the grant to manage and administer the assets and debts. In BC, priority goes to the spouse, then a child of the deceased (approved by a majority of the other children, if there is any), then a person nominated by a majority of the deceased’s children, and so on.

When someone applies for a grant of administration, they are required to notify others who might have a claim to any part of the inheritance – this is to make sure that no one is being taken advantage of.

The person who receives the grant of administration is also required to split the assets in a particular way as set out by BC laws. For example, the deceased’s spouse gets priority over the family home, furniture, and the first $300,000 of the estate. If there is no spouse, then the estate is divided between the children.

What to do when you are the executor of a will: Probate

As an executor, you are expected to administer the estate as instructed by the terms of the will. This might involve making difficult decisions with respect to the deceased’s property, investments, debts, and other personal items.

Before you can actually manage the property, you first need a grant of probate. This can be obtained by applying to the BC Supreme Court, who will give you the legal power to manage the assets and debts of the deceased’s estate within the terms of the will.

How to Probate a Will in BC?

The process of probating a will in BC typically involves these steps:

1. Gather information: Collect details of all assets, liabilities, and beneficiaries.
2. Notify interested parties: Notify beneficiaries and potential heirs of the probate application.
3. File probate documents: Submit the application to the Supreme Court of BC, including the will, death certificate, and estate inventory.
4. Pay the probate fees in BC: Fees are calculated based on the total value of the estate.
5. Receive the Grant of Probate: Once granted, the executor can begin managing and distributing estate assets.

This process can take several months, depending on the complexity of the estate and whether there are any disputes.

Can a Notary Probate a Will?

In British Columbia, notaries cannot probate a will. Only an estate planning lawyer in BC or the executor themselves can file for probate through the Supreme Court of BC.

However, a notary can assist with related tasks such as preparing affidavits or notarizing documents. For more complex estates or potential disputes, it’s recommended to work with an experienced estate lawyer to ensure the process is completed correctly and efficiently.

How Long Does Probate Take in BC?

The probate process in BC can take anywhere from a few months to over a year. 

The probate process in BC can be complex and often takes about six months, though it can take longer. The timeline depends on the size of the estate, how complete the paperwork is, how quickly others respond, and whether there are any disputes. Because of this, it’s often best to work with an experienced probate lawyer to help things go smoothly.

How Much Are Probate Fees in BC?

Currently, the fees to be paid to the government during the administration of an estate are as follows:

1. If the estate is worth less than $25,000 (no fee);
2. If the estate is worth over $25,000 (basic fee of $208);
3. If the estate is worth between $25,000 – $50,000 (basic fee of $208 plus $6 per $1,000 – total of $358 for the first $50,000); and
4. If the estate is worth over $50,000 ($358 plus $14 per $1,000 of estate value over $50,000).

These fees must be paid up front, however the payer will be reimbursed by the estate.

At Winright Law, we have a team of compassionate estate planning lawyers in Vancouver and other areas of BC who can help to ease the stress associated with the passing of a loved one. We would be honoured to help you with your estate application, as well as to answer any questions that you might have during your initial consultation.

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The information on this website is for general informational purposes only and does not constitute legal advice.