It’s possible to avoid probate and probate fees in BC.
By doing so, your estate can be saved from unnecessary expenses and delays, and your loved ones can receive their inheritance sooner.
In this article, we’ll explore practical strategies to avoid probate in BC and how to reduce probate fees, including naming beneficiaries for certain assets, setting up joint ownership, and making a will.
What is probate in BC?
Probate is the legal process where a court confirms a will’s validity and gives the executor—the person named in a will to manage the estate—the official authority to distribute the estate through a grant of probate.
The grant confirms the executor’s authority as a representative of the deceased and allows them to settle the estate as outlined in the will. It’s often useful for handling estate assets in banks or other financial institutions.
The probate process often includes probate fees, paperwork, and court appearances, which can delay the distribution of assets to heirs.
Do all wills in BC have to be probated?
No, not all wills need to go through probate in BC.
Probate may be more likely if the executor needs a grant of probate because financial institutions may require one depending on their policies, or if the deceased solely owned assets like real estate.
How much does an estate have to be worth to go through probate in BC?
In BC, estates valued over $25,000 are likely to require probate. Probate fees increase as the estate’s value grows.
BC probate fees in 2024
In BC, probate fees vary based on the estate's value:
- $0 for estates valued up to and including $25,000
- $6 for every $1,000 of the estate's value from $25,001 to $50,000
- $14 for every $1,000 of the estate's value over $50,000
Unlike the cost of a will, which you pay when making your will while alive, probate fees are only charged once your executor submits a probate application to the courts.
Note: Probate fees and estate taxes are paid by the estate, not the executors themselves.
Estimate probate fees for your estate with our BC probate fee calculator →
Why avoid probate?
It’s common to try to avoid probate and probate fees in BC in order to save on costs, reduce delays in settling the estate, and protect privacy.
- Probate fees can add up, especially for larger estates, and the process can take months—or even years in some cases. By making a will, you can reduce these costs and help your loved ones receive their inheritances faster.
- Probate makes a will and its contents public, which may conflict with your desire for privacy.
Bypassing probate can help keep assets out of the public record and speed up inheritance for your loved ones.
How to avoid probate in BC
Make a will
Without a will, your estate is required to go through probate.
Having a will is the first step to helping your estate avoid probate in BC and is a cornerstone of estate planning.
A will ensures that your assets are distributed according to your wishes and simplifies the process for your executor, whether or not probate is required.
If you’re in a common law relationship, having a will is especially important to make sure your partner receives an inheritance from your estate.
Read our guide to legal wills in British Columbia →
Make dual wills
A common strategy in estate planning is to separate assets that are not subject to probate under a secondary will.
For example, solely owned real estate always requires probate, whereas business assets do not.
If you create a secondary will that covers just your lower-value and business assets, they would not pass through probate; while your other assets would. If, for example, your business was worth $1M, that could mean significant savings.
Willful does not offer dual or secondary wills at this time. If you do create a secondary will, you should make sure it references your original will so your executor doesn't miss it when you pass away.
Name beneficiaries for all eligible assets
One of the easiest ways to avoid probate fees on your assets is to have them flow outside of your estate. You can do this by naming beneficiaries on your financial accounts, including:
- Registered Retirement Savings Plans (RRSPs)
- Tax-Free Savings Accounts (TFSAs)
- Life insurance policies
When you designate a beneficiary for these accounts, the assets go directly to the appointed person when you pass away. This means they bypass your estate, which helps keep your estate value lower to help reduce probate fees
It’s essential to keep your beneficiary designations up to date to reflect any life changes. Here’s a breakdown of asset types and whether probate is required:
Set up joint ownership
Joint ownership with rights of survivorship allows assets to transfer directly to the surviving co-owner instead of going into your estate.
In BC, this can apply to assets like real estate, vehicles, and bank accounts. While joint ownership can ensure assets flow outside of your estate, therefore ensuring they are not subject to probate fees, it's important to consider the following pros and cons as well:
- Pros:
- Jointly owned assets bypass your estate, meaning the assets are not subject to probate fees or capital gains taxes at the time of death
- Simplifies and speeds up the asset transfer to the surviving owner
- Cons:
- Mortgages or debts on jointly owned assets may pass to the surviving co-owner when you pass away
- Limited control over the asset if the co-owner disagrees with your wishes
- Co-owner may have rights to withdraw funds or account value without your consent
Transfer property before death
Transferring property to heirs before death, also referred to as early inheritance, can decrease your estate’s chance of requiring probate. But it requires careful planning.
While gifting property sounds straightforward, there are legal and tax implications to consider:
- Capital gains tax: Transferring appreciated assets like real estate can trigger capital gains tax.
- Loss of control: Once you transfer property, you no longer control it. This could be a risk if you need the asset in the future, or if you want it to be managed in a specific way.
Steps for how to transfer property before death:
- You may want to consult a tax professional to understand the potential tax consequences of gifting big or complex assets.
- Gift the assets and complete the necessary legal documents to transfer ownership if necessary.
- File required forms with BC’s land title office for any gifted real estate.
Establish a trust
Trusts are another estate planning tool that can help you avoid probate in BC. When you place assets in a non-testamentary trust, they are managed by a trustee according to the terms you set, and they are no longer considered part of your estate.
The most common types of trusts in BC include:
- Inter vivos trusts: Also called a living trust, these allow you to control the distribution of assets to the trust’s beneficiary during or after your lifetime.
- Testamentary trusts: Created within a will, taking effect upon your death.
Comparison of trust types:
What is exempt from probate in BC?
Certain assets, such as jointly held property with rights of survivorship, and accounts with designated beneficiaries, such as RRSPs, TFSAs, or life insurance, are considered probate exemptions in BC.
These assets are exempt because they skip your estate and go directly to their designated beneficiary or surviving owner.
Take your first step to avoiding probate today
By taking action today, you can lift the burden on your loved ones and give yourself peace of mind. And will preparation in BC is easy with Willful!
Willful makes it easy to create a legal will and power of attorney documents. Plus, BC residents can take advantage of digital witnessing for digital wills, and unlimited free updates on all your documents.
