Updated: April 2025  |  bremo.io financial guides

Probate Fees in BC — Complete Guide

In British Columbia, the process of probating a will is called obtaining a "Grant of Probate" (or "Grant of Administration" if there is no will). Probate fees in BC are calculated on the gross value of estate assets in the province. Given BC's high real estate values, probate fees can be significant — understanding them and knowing how to reduce them legally is an important part of BC estate planning.

BC Probate Fee Rates

Under the Probate Fee Act of BC, the fee structure is:

• No fee on estates up to $25,000
• $6 per $1,000 of estate value between $25,001 and $50,000
• $14 per $1,000 of estate value above $50,000

For a practical example, consider an estate worth $1,200,000 (roughly average for Metro Vancouver given property values):

• $0 on first $25,000
• $6/1,000 × $25,000 = $150
• $14/1,000 × $1,150,000 = $16,100
• Total probate fee: approximately $16,250

For a $2,000,000 estate: approximately $27,400. These numbers can be significant, especially given that BC real estate commonly pushes estate values well above $1 million even for middle-income families.

What Assets Are Included in BC Probate Value?

BC probate fees apply to assets situated in BC that form part of the estate. This generally includes:

• BC real estate held in your name alone
• Bank accounts and investment accounts held solely in your name
• Personal property (vehicles, contents of the home, collectibles)
• Business interests owned personally

Out-of-province or foreign assets may be subject to probate in those other jurisdictions separately.

Assets That Avoid BC Probate

• Jointly held property with right of survivorship (passes directly to the surviving owner)
• RRSPs, RRIFs, and TFSAs with named beneficiaries
• Life insurance with named beneficiaries other than "estate"
• Pension benefits with named beneficiaries
• Assets held in a trust during your lifetime

Strategies to Reduce Probate Fees in BC

Joint Ownership with Right of Survivorship

Holding your principal residence in joint tenancy with your spouse is the most common way to bypass probate on BC real estate. When one spouse dies, the property passes automatically to the survivor by right of survivorship — no probate required. On a $1.5 million home, this saves approximately $20,860 in probate fees.

Beneficiary Designations on Registered Accounts

Name beneficiaries on all RRSPs, RRIFs, and TFSAs. For a married person, naming your spouse as beneficiary on a $400,000 RRSP saves approximately $5,460 in probate fees in addition to deferring income tax.

Insurance Beneficiary Designations

Life insurance with a named beneficiary (not "estate") bypasses probate and is available immediately to the beneficiary without waiting for the estate administration process.

Trusts

Assets transferred to a trust during your lifetime (an "inter vivos trust") are not part of your estate at death and avoid probate. Alter ego trusts and joint partner trusts (for individuals over 65) are particularly useful for BC residents with large real estate holdings or investment portfolios.

Multiple Wills

BC courts have accepted the concept of multiple wills in some circumstances. Private company shares and other assets that do not require a probated will to transfer can be governed by a secondary will that is not presented for probate.

The BC Probate Application Process

To obtain a Grant of Probate in BC, the executor must file the original will and supporting documents with the BC Supreme Court. Since 2014, BC uses the Wills, Estates and Succession Act (WESA) which modernized the province's estate administration rules. The application requires a complete inventory of estate assets and liabilities. Processing times vary but commonly take two to six months.

Debts Are Not Deducted for Probate Purposes

Unlike Ontario, BC calculates probate fees on gross estate value — debts and mortgages are not deducted. This means the probate fee on a $900,000 property with a $400,000 mortgage is based on the $900,000 value, not the $500,000 equity. This makes probate planning particularly important for heavily mortgaged estates.