Tom Fellhauer Appointed Queen’s Counsel, Pushor Mitchell Advises Choom Holdings on Strategic Acquisition. Which assets pass to the deceased’s personal representative; 3. The basic fee is waived if the value of the estate* does not exceed $25,000. In addition to the basic application fee, the probate fees depend on the value of the estate: When someone dies without a valid Will, they are said to have died “intestate.” In such cases, the Probate Court must appoint someone to act as administrator of the estate (rather than the executor). Certain entities, such as the Land Title Office and financial institutions, can refuse to transfer assets to the beneficiaries of the Will without a Grant of Probate. Officially, probate fees are a sliding scale ($6 for each $1,000 or part of $1,000 of the value of the estate in excess of $25,000, up to $50,000, plus $14 for each $1,000 or part of $1,000 of the value of the estate in excess of $50,000) – but it is easier to think of it as approximately 1.4% of the value of the estate, although it is actually a little … Melodie Lind can be reached at (250)869-1210 or at lind@pushormitchell.com, What ties together the areas of Melodie’s practice – tax, business, wills, estates and trusts law? The cost will vary, depending on whether you require non-core services and which estate lawyer you use. The basic fee is waived if the gross value of the estate does not exceed $25,000. I was too desperate then, almost close to breakdown after getting the runaround from two other family law firms. Multiple wills are legal in BC. Whether the deceased was ordinarily resident in British Columbia; and. For example, if you’re handling an estate that includes a house worth $300,000, with $175,000 left on the mortgage, the lawyer’s fee would be based on $300,000—not the $125,000 of equity the estate actually owns. If you retain a lawyer, a common fee is 2% of the value of the estate or 1% if the estate is worth more than $100,000. Receive updates with legal information related to your profession. Probate or application for letters of administration are complex matters, unfortunately a real challenge for non-lawyers. There is no black and white definition of what constitutes “ordinarily resident” but in general it means “the place where in the settled routine of your life you regularly, normally or customarily live.” It is possible to be ordinarily resident in more than one jurisdiction at the same time. The fees above do not include legal fees. Taking this approach often costs our clients less. I had a very difficult situatio... 938 Howe Street, Suite 311 Vancouver, B.C. British Columbia Probate & Estate Administration Practice Manual, 2d ed. There are three main ways that lawyers charge for probate work; legal communities in different parts of the country have different customs. What to do when there is a death in the family? • intangible personal property that is located anywhere in the world, if the deceased was ordinarily resident in British Columbia (intangible personal property means items that you can’t feel and touch, such as investment accounts, stocks and bonds, etc.). Our estate lawyers also help families and administrators deal with estates when someone has died without a will (called intestate). The “value of the estate” only includes assets that pass to the deceased’s personal representative. Talk to a lawyer or notary in your province for advice on preparing multiple wills. The fourth issue is whether the total value of the estate exceeds $25,000. As a general rule, probate fees are equal to approximately 1.4% of the gross value of a deceased’s estate, calculated as of the date of death, and must be paid before the Court will issue a Grant of Probate. To learn more see our blog on The New Wills Estates & Succession Act “WESA,” and what it means for British Columbians. Probably the most common way for probate lawyers to charge clients is to bill by the hour. V6Z 1N9 604-449-7779. If it does not, then no probate fees are payable. The $25,000 threshold is calculated based on the value of all the property of the deceased situated in British Columbia. You’ll also have to pay a court filing fee. The fee is currently $200. The best lawyer I ever met. In Canada, almost all Wills go through probate, unless assets are simply passing to a joint asset holder. 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