Do I need probate in BC if there is a will?

Not automatically. A will names you as executor, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for an estate grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, you may not need probate at all.

How much does probate cost in BC?

BC charges a tiered probate fee on the gross value of the estate passing through probate. There is no fee on estates of $25,000 or less, then $6 per $1,000 of value between $25,000 and $50,000, plus $14 per $1,000 of value above $50,000. A separate court filing fee also applies to estates over $25,000. Check current amounts before filing.

Does BC have a simplified process for small estates?

No. Unlike some provinces, BC has no separate small-estate or simplified probate procedure. The $25,000 figure only affects fees, meaning estates at or below it pay no probate fee, not the process. Every estate that needs a grant uses the same standard application to the Supreme Court of British Columbia.

How long does probate take in BC?

It varies with the estate and the registry's workload. Before filing, you must give beneficiaries a notice and wait at least 21 days. After that, the application and review often take several weeks to a few months. Estates that are large, contested, or involve minor beneficiaries usually take longer.

British Columbia

Do you need probate in British Columbia?

Losing someone is hard, and sorting out their affairs can feel overwhelming. In British Columbia, probate means asking the Supreme Court of British Columbia for an estate grant that confirms a will is valid and that you have authority to act. Whether you need one depends mostly on what the person owned and how each asset was held, not simply on whether there was a will.

Check your situation

When is probate required in British Columbia?

Probate is usually required when…

The deceased owned real estate in BC in their sole name (or as a tenant in common) and the title needs to be transferred or sold.
A bank, credit union, or investment firm holding a sole-name account asks for an estate grant before releasing the funds.
Investments or other assets were registered only in the deceased's name and the institution needs proof of your authority.
There is a dispute about the will's validity, or the executor's authority needs to be formally confirmed.

Probate is usually not required when…

Every asset was held in joint tenancy with right of survivorship and passes automatically to the surviving owner.
Assets such as life insurance, an RRSP, RRIF, TFSA, or pension had a valid named beneficiary other than the estate.
The estate is only modest bank balances that the institution agrees to release without a grant at its own discretion.
The deceased owned no real estate in their sole name and nothing else needs a court grant to be collected.

Simplified small-estate process

British Columbia does not have a separate simplified small-estate process. Estates use the standard application regardless of size.

Probate fees

Tiered probate fee under the Probate Fee Act, s. 2, on the gross value of the estate passing through probate: $0 on estates of $25,000 or less; $6 per $1,000 on value over $25,000 up to $50,000; plus $14 per $1,000 on value over $50,000. A separate court filing fee (commonly reported as ~$200 for estates over $25,000) also applies but is UNCONFIRMED against a primary source.

Where to apply

Applications are made to the Supreme Court of British Columbia. Make a complete list of the deceased's assets and exactly how each one is owned (sole name, joint tenancy, or with a named beneficiary), and the approximate value of each, to determine whether a grant is needed.

Common questions about probate in British Columbia

Do I need probate in BC if there is a will?: Not automatically. A will names you as executor, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate, or an institution asks for an estate grant before releasing funds, you will still need to apply. If everything passes by survivorship or beneficiary designation, you may not need probate at all.
How much does probate cost in BC?: BC charges a tiered probate fee on the gross value of the estate passing through probate. There is no fee on estates of $25,000 or less, then $6 per $1,000 of value between $25,000 and $50,000, plus $14 per $1,000 of value above $50,000. A separate court filing fee also applies to estates over $25,000. Check current amounts before filing.
Does BC have a simplified process for small estates?: No. Unlike some provinces, BC has no separate small-estate or simplified probate procedure. The $25,000 figure only affects fees, meaning estates at or below it pay no probate fee, not the process. Every estate that needs a grant uses the same standard application to the Supreme Court of British Columbia.
How long does probate take in BC?: It varies with the estate and the registry's workload. Before filing, you must give beneficiaries a notice and wait at least 21 days. After that, the application and review often take several weeks to a few months. Estates that are large, contested, or involve minor beneficiaries usually take longer.

Official sources

This page is general information about probate in British Columbia, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in British Columbia.