One of the key elements to managing an estate is understanding what probate costs you will be required to pay throughout the process. The phrase “probate costs” is a general phrase referring to several kinds of costs you will pay to manage an estate, not simply the amount of probate fees you must pay.
This guide will help you navigate through the various fees and expenses you will incur as you go through the management of an estate.
These components are presented below in no particular order.

Legal Fees and Disbursements
When you are probating an estate, you can do the legal work yourself, or you can hire one of our lawyers to help you. Lawyers charge fees for their work, and you will also be responsible for paying for any disbursements we incur in the course of our work for you. Legal fees and disbursements are a common probate cost.
Legal Fees:
Lawyers are an important part of probate costs. Lawyers typically charge by the hour. We do have a flat fee for a standard probate file. A standard probate file means:
- all beneficiaries are adults and capable
- no one is making a claim against the estate
- you have a Will for the deceased and it is intact and not damaged
- the Will doesn’t exclude a spouse or child
- there are no trusts for beneficiaries
- you have identified all assets and liabilities, and none are outside of BC
- all of the beneficiaries live in BC
Our flat fees for a standard estate start at $4,000 plus taxes and disbursements. We will ask you for a retainer of $4,500 to cover these initial fees, disbursements and taxes.
If your estate has any of the additional, non-standard elements set out above, the legal fees for the probate work will be more expensive, and the amount of the fees will be dependent on the amount of additional work required for these unusual elements.
Disbursements
Disbursements are out-of-pocket expenses that we incur while working on your behalf. These can include:
- Court Fees: Filing fees with the probate registry – these start at $200
- Postage and Courier Services: Costs for sending documents
- Photocopying and Printing: Expenses for copying and printing necessary documents
Other disbursements might be involved depending on the nature of your estate. You can ask us for an idea about what other disbursements could be involved during your initial consultation with us. These disbursements will often incur GST and PST, which is added to the total.
Accounting Fees
As with legal fees, you will need to pay your estate’s accountant as part of overall probate costs. Your accountant will charge you fees for the following services:
- preparing and filing any missing personal tax returns
- dealing with any corporate taxes which need to be brought up to date and paid
- preparing and filing the deceased’s final tax return
- obtaining any clearance certificate which might be required
And as with lawyers, there may be disbursements that you must pay as part of these accounts. Your accountant will be able to give you an idea of these costs when you hire them.
Probate Fees
In British Columbia, probate fees are calculated based on the value of the deceased’s estate. Probate fees are often the biggest part of overall probate costs. These fees are paid to the Supreme Court of British Columbia. These fees are separate and apart from the legal or accounting fees discussed above.
You can use our handy calculator to estimate the amount of probate fees you will need to pay.
These fees can add up quickly, especially for larger estates, so it’s important to account for them early in the process. Understand how much you will need to pay for these fees, and where you will get them from.
An executor may need to hire an accountant to help with the financial aspects of the estate. This can include preparing the final tax returns, managing estate accounts, and ensuring all financial records are accurate.
The Deceased’s personal taxes
Another big part of overall probate costs are taxes. There are several types of taxes which you will have to consider when managing a deceased’s estate. Some of these are the deceased’s personal taxes, and some are taxes the estate will incur when transferring assets.
- Tax Returns: You must ensure that all of the deceased’s annual taxes are complete and paid in full, as well as the final income tax return
- Capital Gains: these are taxes payable on the growth in value on certain assets
- GST/HST: If the deceased was a business owner, there may be additional tax returns to file
- Property Transfer Taxes: while there are some exemptions for property transfer taxes, these taxes might be payable on certain transfers
There will be additional taxes depending on the specific nature of the deceased’s assets and liabilities. It is essential to settle all taxes before distributing the estate to avoid penalties and interest.
Commissions and other service fees
Depending on the type of assets and debts the deceased had, you will have additional fees to pay for commissions and other services. These could include:
- Realtor commissions to sell property
- commissions from investment advisors or bankers
- service fees to clean or maintain property
- insurance fees to protect property
- strata or other property management fees
- utilities
Make a budget for these expenses and consider where you will get the funds to pay for them. In some cases, the bank may allow these costs to be paid from the deceased’s accounts.
Debts
Before distributing any assets to beneficiaries, the executor must ensure all debts are paid. These debts can include credit card balances, loans, mortgages, and any other outstanding liabilities.
To protect yourself from personal liability, you should advertise for creditors before distributing any estate assets. This involves placing a notice in the BC Gazette.
If an executor distributes the estate before settling all debts and a creditor later comes forward, the executor could be held personally liable for those debts. Advertising for creditors provides a level of protection by establishing a timeline for creditors to submit their claims.
Conclusion
Probating an estate involves various costs, including legal fees, probate fees, accounting fees, taxes, and debts.
As an executor, understanding these expenses and managing them effectively is crucial to fulfilling your responsibilities. Hiring professionals to assist with the process can help ensure that everything is handled correctly, allowing you to focus on honoring your loved one’s memory and supporting your family during this difficult time.
If you have any questions or need assistance with probating an estate, please don’t hesitate to contact us. We’re here to help you navigate this challenging process with compassion and expertise.