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The Province of British Columbia collects a fee when a person applies for an "estate grant" (also called a "grant of probate" when there is a will, and called a "grant of administration" when there isn't a will). The probate fee on an estate can be substantial. Although the executor isn't personally responsible for paying the probate fee, if the deceased didn't have enough in their bank account or investments to cover the fee, the executor might have to pay it personally and be reimbursed later from other assets in the estate.
Details about this fee – called the "probate fee" – are set out in the Probate Fee Act. The probate fee is based on the value of the estate assets. If the value of the estate is less than $25,000, no probate fee is payable. If the value of the estate is more than $25,000, the probate fee is calculated like this:
*Like nearly everything legal, there are exceptions to the calculation* These include things like deductions for outstanding secured liabilities, whether the deceased was "ordinarily resident" in BC, and what kind of property the deceased owned and where it was located. This is why it’s useful to talk to a lawyer who is experienced in the many nuances of probate.
The probate fee calculator below will ballpark the probate fee payable for an estate in British Columbia, based on the value of the estate. When you're entering the estimated value of the estate, make sure to round up to the nearest thousand. So, if the value of the estate is $442,150 round up to $443,000.
During your free, no-obligation consultation, we'll discuss the estate you are responsible for administering to see if we're a good fit. Rest assured, if we think your needs will be better met by another professional, we will send you some suggestions for other resources.
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