British Columbia Law

BC Probate Fees 2026: What You Will Pay and How to Reduce Them

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

When someone dies in BC with assets in their name alone — particularly real property or financial accounts — their estate typically needs to go through probate. The BC Supreme Court charges a fee for this process, calculated as a percentage of the estate's gross value. Understanding these fees helps you plan, and in some cases, legally reduce what the estate will owe.

How BC Probate Fees Are Calculated (2026)

BC probate fees are set under the Probate Fee Act and calculated as follows:

| Estate Value | Fee |

|---|---|

| First $25,000 | No fee |

| $25,001 to $50,000 | $6 per $1,000 |

| Over $50,000 | $14 per $1,000 |

The fee is applied to the gross value of the estate — before debts, mortgages, or liabilities are deducted. This means if your estate includes a home worth $1.2 million with a $400,000 mortgage, probate fees are calculated on $1.2 million, not $800,000.

Example Calculation

For an estate with a gross value of $900,000:

• First $25,000: $0
• Next $25,000 ($25,001–$50,000): $150
• Remaining $850,000: $11,900
• Total probate fee: $12,050

Use the Probate Fee Calculator to run your own numbers.

What Assets Are Included in the Gross Estate Value?

All assets owned solely in the deceased's name are included:

• Real property in BC
• Bank accounts in the deceased's name alone
• Investment accounts without a named beneficiary
• Vehicles, business interests, personal property
• Out-of-province real property (may require ancillary probate elsewhere)

What Assets Are NOT Included?

Assets that pass outside the estate are not subject to probate fees:

• Jointly held property (passes by right of survivorship)
• Accounts with named beneficiaries (RRSPs, RRIFs, TFSAs with a named beneficiary; life insurance)
• Assets held in trust (if properly structured)

Strategies to Reduce BC Probate Fees (Legally)

Estate planning can legitimately reduce the assets that pass through probate:

1. Name beneficiaries on registered accounts — RRSPs, TFSAs, RRIFs with a named beneficiary pass directly and avoid probate entirely.
2. Name beneficiaries on life insurance — same effect.
3. Hold real property jointly with a right of survivorship — the property passes directly to the surviving joint owner, not through the estate. (Caution: this has other legal and tax implications that should be discussed with a lawyer.)
4. Trusts — properly structured trusts can hold assets outside the estate. This is more complex and typically appropriate for larger estates.

Important: Probate Fees Are Not the Only Cost

In addition to probate fees, the estate will typically incur:

• Legal fees for the probate application and estate administration
• Executor compensation (reasonable, and often set in the will or negotiated)
• Accounting fees for the terminal and estate tax returns
• Land title transfer fees for real property

When Is Probate NOT Required in BC?

Probate is not always required. Small estates (no real property, modest financial accounts) may be administered without it. Many financial institutions have their own thresholds — some will release funds up to $25,000–$50,000 without probate. A lawyer can advise whether your specific situation requires it.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.