Estate planning · Probate
Probate is the part of the estate administration process where the BC Supreme Court confirms the executor's authority. It is mostly procedural, but the procedure has to be followed precisely — and the work before the application (gathering assets, valuations, notices) is where most of the time goes. We handle the full file.
The process
Locate the original will (if any), the death certificate, and the major asset records — bank accounts, investments, real estate, vehicles, business interests, registered accounts, life insurance. Some of this is straightforward; some requires writing to multiple institutions to confirm balances.
Under WESA, the executor must give written notice of the proposed application for probate to all beneficiaries named in the will and to all persons who would inherit if there were no will (the intestate heirs). Notice has to be given a defined number of days before the application is filed.
A formal inventory of the estate at the date of death — the basis for both probate fees and the eventual distribution. Real estate is appraised, investments are valued, household goods are inventoried. The inventory becomes part of the probate application.
Filed with the BC Supreme Court Probate Registry. The application includes the will, the death certificate, the inventory, the affidavit of the executor, and the supporting documents. The registry typically issues the Grant in 4 to 8 weeks.
With the Grant in hand, the executor pays the deceased's debts, files the final tax return and the T3 trust returns, sells or transfers assets, and gathers the proceeds in the estate account.
Final distribution to the beneficiaries in accordance with the will (or WESA, if there was no will), accompanied by an accounting that the beneficiaries can review. Once the accounting is approved (or, if disputed, settled by the court), the estate closes.
Probate fees in BC
BC probate fees are calculated on the gross value of the estate passing through probate:
On a $1 million estate, total probate fees are approximately $13,500. The fee is paid out of the estate at the time of filing the probate application.
Frequently asked
Probate is the BC Supreme Court's confirmation that a will is valid and that the named executor has authority to administer the estate. The court issues a Grant of Probate (or Grant of Administration if there is no will), which the executor uses to deal with banks, the Land Title Office, investment firms, and other third parties holding estate assets. Without probate, those institutions usually will not release the assets — even to a clearly named executor in a clearly drafted will.
Not always, but usually for estates of any meaningful size. Banks, the Land Title Office for any real estate, and most investment firms require a Grant of Probate before releasing assets above a threshold. Small estates (limited liquid assets, no real estate, joint-tenancy property passing by survivorship, life insurance with named beneficiaries) sometimes do not need probate. We assess at intake whether probate is required for the specific estate.
Once we file a complete application, the BC Supreme Court Probate Registry typically issues the Grant in 4 to 8 weeks. The work before filing — locating assets, obtaining valuations, providing notice to beneficiaries and intestate heirs, dealing with the will-maker's debts and tax filings — usually takes longer than the registry stage. A straightforward estate runs 4 to 6 months from death to distribution; a contested estate can run for years.
BC charges probate fees (technically called Probate Fees, or sometimes "estate administration tax") on the gross value of the estate that passes through probate. The fee is calculated on a tiered basis: nothing on the first $25,000, a flat $200 base fee, plus 0.6% on the value between $25,000 and $50,000, and 1.4% on the value above $50,000. On a $1 million estate the probate fee is roughly $13,500. The fee is paid out of the estate before distribution.
Sometimes, partly. Property held in joint tenancy with right of survivorship passes to the surviving joint tenant outside probate. Registered accounts (RRSP, RRIF, TFSA) and life insurance with named beneficiaries pass directly to the beneficiary outside probate. These structures can reduce the probate fee, but they have other consequences — gifting joint tenancy to a child, for example, can trigger tax issues, expose the property to that child's creditors, and create disputes between siblings. Probate avoidance should be planned with full awareness of the trade-offs.
If a wills variation claim or a validity challenge is filed, the probate process can be paused or significantly extended while the litigation proceeds. The estate's assets are frozen pending resolution. The executor may have personal exposure if they distribute before the litigation is resolved. We act for both executors defending will challenges and beneficiaries (or potential beneficiaries) bringing them.
Executors are entitled to compensation for their work, typically up to 5% of the gross aggregate value of the estate plus a small fee on annual income, subject to court approval. Many wills include a specific compensation provision — sometimes a fixed fee, sometimes a fixed percentage. Family members serving as executors often waive compensation; professional executors do not. The executor's compensation is paid out of the estate before distribution.
Send us the will and the death certificate, and tell us what assets you know about. We'll come back with an outline of the probate process for this specific estate, and a fee estimate.