Probate and Estates Law: Fees

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Probate and Estate Fees

Lawyers' Fees
Filing Fees

Lawyers' Fees

There are three kinds of work that a lawyer may do for an estate. Usually lawyers charge on an hourly rate for the work done, but in many cases, if they are doing the work of the executor or administrator, they will often charge a percentage of the value of the estate. An experienced lawyer in this area may charge about $175 to $225 per hour.

administration of the estate

executor or administrator duties

handling non-estate assets

Administration of the estate

This includes reviewing the will, advising on its provisions, advertising for creditors, preparing probate or administration applications, and dealing with the assets and the transfer to the beneficiaries. This may also include litigation fees regarding the estate.

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Executor or administrator duties

This includes locating the will, arranging the funeral, ascertaining names and addresses of beneficiaries and next of kin, finding the assets and liabilities, preparing tax returns, and the like. If the lawyer performs these tasks, she usually charges either on an hourly rate, or else a portion of the fee which the executor or administrator would otherwise be entitled to.

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Handling non-estate assets

This includes transferring property held in joint tenancy to the surviving joint tenant, handling life insurance policies with named beneficiaries, and managing other assets that pass outside the estate.

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Filing Fees

In B.C., applicants for probate or letters of administration are required to pay a filing fee. If the gross value of the estate in B.C. exceeds $10,000, the fee payable is $208, plus:

$6 for each $1,000 or part of $1,000 of estate value in excess of $25,000, up to $50,000, plus
$14 for each $1,000 or part of $1,000 of estate value in excess of $50,000.

Many of the assets of the deceased may not be counted for the purposes of the probate filing fee. For example, assets that do not pass through the estate will not be subject to this. Nor will assets situated outside B.C.

In October, 1998, a Supreme Court of Canada case decided that the Ontario probate fees, which are similar to those in B.C., were invalid. As a result, the B.C. probate fees may not be legally valid. Your lawyer can tell you about the most up-to-date situation, and how to deal with the filing fees in your case.

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This page last updated: August 18, 1999
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