Probate fees in British Columbia are calculated on the gross value of the estate’s probate assets, using a tiered fee schedule set by the Probate Fee Act. Use this calculator to estimate the probate fees and court filing fee payable on an estate, see how the BC probate fee schedule applies at each value tier, and understand which assets are subject to probate.
This tool is free, instant, and built by Sunny Tathgar, an estate lawyer in Victoria BC who helps executors and families navigate the probate process across Victoria, Langford, Sooke, Duncan, and Nanaimo.
TL;DR: BC probate fees are tiered: no fee on the first $25,000, $6 per $1,000 between $25,000 and $50,000, and $14 per $1,000 above $50,000, plus a $200 court filing fee when the estate exceeds $25,000. Enter the estate value below to get an instant estimate, then read on for what assets count, how to reduce probate fees, and when to hire a probate lawyer.
BC Probate Fee Calculator
Enter the estimated value of the estate assets subject to probate in British Columbia.
How the BC Probate Fee Calculator Works
The calculator uses the current BC probate fee schedule under the Probate Fee Act to estimate the fees payable when applying for a grant of probate. Here is how each part of the calculation works:
- Fee on the first $25,000: No probate fee is charged on the first $25,000 of the estate value.
- Fee from $25,001 to $50,000: A fee of $6 per $1,000 (or part thereof) applies to the portion of the estate value between $25,000 and $50,000. This works out to 0.6%.
- Fee above $50,000: A fee of $14 per $1,000 (or part thereof) applies to the portion of the estate value above $50,000. This works out to 1.4%.
- Court filing fee: A $200 court filing fee generally applies when the estate exceeds $25,000. This is separate from the probate fee and is paid to the court at the time the probate application is filed.
The “per $1,000 or part thereof” rule means the fee is calculated in $1,000 blocks, rounded up. For example, if the portion above $50,000 is $1,500, you pay $14 for the first $1,000 and $14 for the remaining $500, for a total of $28 on that portion.
The calculator estimates probate fees and the court filing fee only. It does not include legal fees for preparing the probate application, executor fees, or other estate administration costs.
Disclaimer
This calculator provides a general estimate of BC probate fees and court filing fees only and does not constitute legal advice. Probate fees are calculated on the gross value of probate assets under the Probate Fee Act. The estimate does not include legal fees, executor fees, or other estate administration costs. For advice on a specific estate, please contact Sunny Tathgar.
BC Probate Fee Rates
British Columbia’s probate fees are set by the Probate Fee Act and are based on the gross value of the estate’s probate assets. The rates are tiered, so larger estates pay a higher percentage overall.
| Estate Value | Probate Fee Rate | How It Is Calculated |
|---|---|---|
| $0 to $25,000 | $0 | No probate fee |
| $25,001 to $50,000 | $6 per $1,000 (or part thereof) | 0.6% on the portion above $25,000 |
| Above $50,000 | $14 per $1,000 (or part thereof) | 1.4% on the portion above $50,000 |
In addition to the probate fee, a $200 court filing fee generally applies when the estate exceeds $25,000.
For a quick sense of scale, here are the probate fees and total fees (including the $200 court filing fee) on a few common estate values:
| Estate Value | Probate Fee | Court Filing Fee | Estimated Total Fees |
|---|---|---|---|
| $25,000 | $0 | $0 | $0 |
| $50,000 | $150 | $200 | $350 |
| $100,000 | $850 | $200 | $1,050 |
| $250,000 | $2,950 | $200 | $3,150 |
| $500,000 | $6,450 | $200 | $6,650 |
| $1,000,000 | $13,450 | $200 | $13,650 |
| $2,000,000 | $27,450 | $200 | $27,650 |
As the estate value grows, the effective probate fee rate approaches 1.4% because most of the value falls in the top tier. On a $1,000,000 estate, the probate fee works out to roughly 1.35% of the estate value. The court filing fee is a flat $200 regardless of estate size.
What Assets Are Subject to Probate Fees in BC
Not everything a person owns goes through probate. The probate fee is calculated only on the value of the estate’s probate assets, which are assets that pass through the will. Understanding which assets count and which do not is one of the most important parts of estimating probate fees accurately.
Assets That Are Subject to Probate
- Real estate held solely in the deceased’s name (not in joint tenancy)
- Bank accounts in the deceased’s sole name
- Investment accounts (RRSPs, RRIFs, TFSAs) without a named beneficiary
- Shares in privately held companies
- Vehicles registered solely in the deceased’s name
- Personal belongings and household contents
Assets That Are Not Subject to Probate
- Real estate held in joint tenancy with a right of survivorship (passes automatically to the surviving joint tenant)
- Bank accounts held jointly with another person (in some cases)
- RRSPs, RRIFs, and TFSAs with a named beneficiary
- Life insurance policies with a named beneficiary
- Property held in a trust (depending on the trust structure)
If all of the deceased’s assets pass outside probate through joint tenancy, named beneficiaries, or trusts, no probate fee may be payable. However, you should confirm this with a lawyer, as the rules around joint tenancy and beneficial ownership can be complex, especially when the joint owner is an adult child rather than a spouse.
How to Reduce Probate Fees in BC
There are several legitimate strategies to reduce or avoid probate fees in British Columbia. These should be put in place while you are alive, as part of your estate planning, not after death.
- Name beneficiaries on registered accounts: RRSPs, RRIFs, and TFSAs can pass directly to a named beneficiary without going through probate. Make sure your beneficiary designations are up to date.
- Hold real estate in joint tenancy: Property held in joint tenancy with a right of survivorship passes automatically to the surviving joint tenant and does not form part of the probate estate. Be cautious with this strategy, as adding someone to title may trigger capital gains or property transfer tax implications.
- Use a trust: Assets transferred to a trust during your lifetime do not pass through probate. An alter ego trust (available to people 50 and older) or a spousal trust can hold assets outside the probate estate while allowing you to retain control.
- Keep non-registered accounts jointly held: Joint accounts with a spouse can pass outside probate in some circumstances. The legal treatment depends on the circumstances, so get advice before relying on this.
Reducing probate fees is just one part of estate planning. Some strategies that reduce probate fees can create tax liabilities or unintended consequences. An estate lawyer can help you weigh the tradeoffs and choose the approach that fits your family and your assets. Learn more about estate planning in Victoria BC.
Do You Need a Lawyer for Probate in BC
You are not legally required to hire a lawyer to apply for probate in British Columbia. An executor can file the probate application themselves. However, probate involves specific forms, court filing procedures, and strict deadlines, and mistakes can delay the process or expose the executor to personal liability.
A probate lawyer can help with:
- Preparing and filing the probate application
- Identifying and valuing estate assets
- Determining which assets are subject to probate and which pass outside the estate
- Transferring real estate and other assets to beneficiaries
- Resolving disputes among beneficiaries
- Handling estate administration tax filings
For straightforward estates with a clear will, no disputes, and assets that are easy to value, some executors choose to handle probate themselves. For larger estates, blended families, or situations where the will is unclear or contested, working with a lawyer is strongly recommended.
If you are an executor in Victoria, Langford, Sooke, Duncan, or Nanaimo, contact Sunny Tathgar for a free consultation to discuss your situation. You can also read more about hiring a probate lawyer in BC.
Frequently Asked Questions About Probate Fees in BC
BC probate fees are tiered. There is no fee on the first $25,000 of the estate. The portion between $25,000 and $50,000 is charged at $6 per $1,000 (0.6%). The portion above $50,000 is charged at $14 per $1,000 (1.4%). On a $500,000 estate, the probate fee is approximately $6,450. A $200 court filing fee also applies when the estate exceeds $25,000.
A $200 court filing fee generally applies when the estate exceeds $25,000. This is separate from the probate fee itself and is paid to the court at the time the probate application is filed. Estates valued at $25,000 or less do not pay the filing fee.
You can reduce or avoid probate fees by naming beneficiaries on registered accounts (RRSPs, RRIFs, TFSAs), holding real estate in joint tenancy, using a trust, and keeping life insurance policies with named beneficiaries. These strategies should be set up during your lifetime as part of estate planning.
Assets that pass through the will are subject to probate, including solely held real estate, sole bank accounts, investment accounts without a named beneficiary, and personal property. Assets that pass outside the will, such as joint tenancy property, accounts with named beneficiaries, and life insurance, are not subject to probate fees.
Estates valued at $25,000 or less do not pay a probate fee or court filing fee. However, you may still need to file probate documents if financial institutions or the Land Title Office require a grant of probate to release assets or transfer property. The $25,000 threshold refers to the fee, not the requirement to probate.
Probate fees in BC are calculated on the gross value of the probate assets, not the net value after debts. This means the fee is based on the total value of the assets that pass through probate, regardless of any mortgages, loans, or other debts the estate owes.
Probate in BC typically takes 2 to 6 months from the time the application is filed, depending on the complexity of the estate, whether the will is contested, and how quickly assets can be identified and valued. Straightforward estates can be completed faster, while complex or disputed estates can take a year or more.
You are not legally required to hire a lawyer for probate in BC. An executor can file the application themselves. However, probate involves specific court forms and procedures, and errors can cause delays or personal liability for the executor. A lawyer is recommended for larger or more complex estates.
Need Help With Probate in BC?
If you are an executor dealing with an estate in Victoria, Langford, Sooke, Duncan, or Nanaimo, Sunny Tathgar can help you navigate the probate process from start to finish. From calculating probate fees and preparing the application to transferring assets and resolving disputes, you will work directly with an experienced estate lawyer who knows the BC probate system.
Book a free consultation to discuss your situation.