In British Columbia, probate fees (often called “probate tax”) are calculated on the gross value of the estate that passes to the executor. In 2025, the probate fee is $0 on the first $25,000, then $6 per $1,000 (or part of $1,000) between $25,000 and $50,000, and $14 per $1,000 (or part of $1,000) over $50,000—plus a $200 court filing fee for most estates over $25,000. Use the calculator steps below to estimate costs. Please consult a qualified accountant or lawyer for specific advice.
What are probate fees in BC in 2026?
Probate fees in BC are set by provincial legislation and paid before the court issues a Grant of Probate (or Grant of Administration, if there is no will).
The fee structure is tiered:
Estate value $0–$25,000: $0 probate fee
$25,000.01–$50,000: $6 per $1,000 (or part of $1,000) on that portion
Over $50,000: $14 per $1,000 (or part of $1,000) on that portion
Also consider common court costs:
Court filing fee: generally $200 when applying for probate/administration for estates over $25,000
Certified copies: commonly $40 per certified copy (helpful when banks or Land Title need proof)
Electronic filing: may add $7 per “document package” if using online filing
BC Probate Fee Calculator: step-by-step for executors
This is a practical estimate you can do on a notepad or spreadsheet.
Step 1: Estimate the “probate estate” value (the part that passes to the executor)
Start by listing assets that may need probate, such as:
BC real estate owned in the deceased’s name alone or as tenants in common
Bank accounts with no joint owner and no beneficiary designation
Non-registered investments held solely in the deceased’s name
Vehicles and valuable personal property (art, jewelry, collections)
Then list assets that may not form part of the probate value, depending on how they’re held:
Joint tenancy assets that may pass by right of survivorship
Life insurance, RRSPs, RRIFs, TFSAs with named beneficiaries
Certain trust-held assets
Ownership and beneficiary designations matter. Please consult a qualified accountant or lawyer for specific advice.
Step 2: Use fair, defensible values as of the date of death
For Victoria BC real estate (Oak Bay, Saanich, Fairfield, James Bay, Gordon Head, Broadmead, the Saanich Peninsula), the home is often the largest line item.
Practical valuation options can include:
A professional appraisal (often the most defensible)
A realtor opinion of value with supporting sold comparables (useful as a starting point)
Other documentation that supports fair market value
If you’re unsure, err on the side of supportable documentation. It can reduce stress later if questions arise.
Step 3: Apply the probate fee formula (remember: “or part of $1,000” rounds up)
Important rounding rule: the Act applies “per $1,000 or part of $1,000,” so even $1 over a thousand can be treated like a full thousand for fee purposes.
Calculator formula (simple version)
If Estate Value ≤ $25,000
Probate fee = $0
Court filing fee is typically not payable for this threshold situation
If $25,000 < Estate Value ≤ $50,000
Probate fee = $6 × (number of $1,000 units, rounded up) of (Estate Value − $25,000)
Plus $200 court filing fee in most cases
If Estate Value > $50,000
Probate fee =
$6 × (rounded-up $1,000 units of $25,000) (this portion is typically $150), plus
$14 × (rounded-up $1,000 units of (Estate Value − $50,000))
Plus $200 court filing fee in most cases
Worked examples (so you can sanity-check your estimate)
Example A: Estate value = $50,001
$0 on first $25,000
Next $25,000 at $6 per $1,000 = 25 × $6 = $150
Amount over $50,000 is $1 → counts as “part of $1,000” → 1 × $14 = $14
Probate fee total = $164
Add court filing fee (commonly) $200 → estimated total = $364
Example B: Estate value = $1,000,000
First $25,000: $0
Next $25,000: 25 × $6 = $150
Remaining $950,000: 950 × $14 = $13,300
Probate fee total = $13,450
Add court filing fee (commonly) $200 → estimated total = $13,650
What counts in the “value of the estate” for probate fees?
BC’s Probate Fee Act focuses on the gross value that passes to the personal representative (executor/administrator), with specific rules around what’s included and where assets are situated.
In plain terms, probate value often includes:
BC real property that becomes part of the estate administration
Tangible personal property in BC
Certain intangible property depending on residency rules
Because these definitions can be technical—and outcomes can change based on title/beneficiary structure—please consult a qualified accountant or lawyer for specific advice.
How probate fees connect to Victoria BC real estate decisions
For many families in Oak Bay, Saanich, and Greater Victoria, the practical question isn’t “Will we pay probate fees?” but:
Do we need probate to deal with the home?
What documents will the bank, Land Title, or an investment firm require?
Should we sell the home, keep it, or transfer it to beneficiaries?
When you are ready, it can help to map out a simple decision tree:
Is the property sole ownership or tenants in common? (Probate often becomes more likely.)
Is the property joint tenancy? (Probate may or may not be needed depending on the situation.)
Are there multiple beneficiaries who want different outcomes (sell vs. keep)?
Is the home in a market segment where preparation matters (e.g., heritage character in Oak Bay, family homes near schools in Saanich, or downsizer-friendly condos near Cook Street Village)?
If you’re carrying executor responsibilities while also managing a move, it’s normal to feel stretched. A calm plan helps.
If selling is part of the estate plan, we can help you understand timing, preparation, and the realities of “as-is” vs. ready-to-market in Victoria BC real estate—without pressure. CONTACT US
Can probate fees be reduced?
Sometimes, families structure ownership and estate plans to potentially reduce probate exposure, but it depends on the asset mix, family goals, tax considerations, and legal risk.
Common topics you may hear about include:
Joint ownership and survivorship
Beneficiary designations
Trust planning
Multiple wills in certain circumstances
These strategies have pros/cons and can create unintended outcomes if done casually. Please consult a qualified accountant or lawyer for specific advice.
Frequently asked questions
Do probate fees equal estate taxes?
No. Probate fees are a court/government charge tied to obtaining a grant. Other costs (legal fees, accounting, property expenses, and potential taxes) are separate.
If you’re dealing with capital gains, final tax filings, or any Property Transfer Tax questions related to transfers, please consult a qualified accountant or lawyer for specific advice.
Do all estates need probate in BC?
Not always. Some estates can administer certain assets without probate, but many institutions require a grant—especially when real estate is involved or accounts are solely owned.
Does reading this create a client relationship with The Webbers?
No. This article is general information only and does not create a REALTOR®-client relationship or agency relationship.
Executor checklist (quick, practical)
Locate the will (and confirm executor appointment)
Create an asset list: what’s owned, how it’s titled, and approximate values
Identify which assets likely require probate documentation
Budget for:
Probate fees (using the calculator above)
Filing/certified copies
Appraisals and estate administration costs
If real estate is involved:
Confirm title and occupancy
Decide on “sell vs. keep vs. transfer” planning
Document condition and maintenance needs
For local listings and downsizer options while you plan next steps:
Next Step
Thinking about probate fees, estate timelines, or selling an estate property in Victoria, Oak Bay, or Saanich? Reach out to The Webbers for a no-pressure conversation.