Probate in BC
Executor Compensation Calculator
Use this executor compensation calculator to see the most a BC executor or administrator can be allowed under the Trustee Act. Enter the value of the estate and see the 5% ceiling and the yearly care and management ceiling.
This shows the ceilings in section 88 of the Trustee Act. It is general information, not legal advice. The court decides what compensation is fair, and a Will can set its own amount.
How the executor compensation calculator works
In BC, an executor or administrator may be allowed a fair and reasonable amount for the work of administering an estate. Section 88 of the Trustee Act sets two ceilings, and this executor compensation calculator shows both:
- The allowance: an amount that does not exceed 5% of the gross aggregate value of the assets, including capital and income.
- Care and management: a further amount that does not exceed 0.4% a year of the average market value of the assets, for looking after them over time. The executor applies to the court for it each year.
Both numbers are ceilings. Nothing in the Act says an executor is owed 5%. The court looks at the size and difficulty of the estate, the time spent, the skill needed and the result, and it can allow less. The percentage is a rough guide, not a fee schedule. An estate with one house and a bank account that closes in a few months usually supports less than a business, several properties or a dispute that runs for years. Size on its own does not make an estate complex. A single property worth $10 million is far less work than ten small assets and several beneficiaries, so the court can allow well below the percentages, or a lump sum instead of a percentage. Treat the result of the executor compensation calculator as the top of the range, then reduce it to match the work actually done. Practice guides for BC lawyers describe a range of about 2% to 4% of the capital for an estate of average complexity, plus up to 5% of the income the estate earns while it is administered. The “gross” value is the value of the assets without taking off mortgages or other debts.
Examples from the executor compensation calculator
| Complexity | What the work looks like | Illustrative range | On $500,000 |
|---|---|---|---|
| Straightforward | One house or a few accounts, one or two beneficiaries, no disputes, closed in about a year | 2% to 3% | $10,000 to $15,000 |
| Average | A home plus investments, several beneficiaries, sale of the home, a final tax return | 3% to 4% | $15,000 to $20,000 |
| Complex | A business, several properties, assets outside BC, a dispute, or an administration that runs for years | 4% to 5% | $20,000 to $25,000 |
| Most the Act allows | The ceiling in section 88, whatever the complexity | 5% | $25,000 |
The ranges are illustrations drawn from practice material for BC lawyers and reported BC decisions, where registrars have allowed figures such as 3% of the capital and 4% for a complex estate. None of them is a legal scale. Move the complexity slider in the executor compensation calculator to see the range for your estate. The care and management fee is 0.4% a year of the average market value of the assets, which the calculator shows too.
What to know before an executor takes compensation
A Will can set its own amount, or say the executor acts without payment. Where it does, that wording governs, and the 5% ceiling is not the starting point. If all the beneficiaries approve the accounts and the amount in writing, the executor can usually avoid a formal passing of accounts in court. If one does not, or one cannot consent (for example a minor), the court fixes the amount. If you are not sure whether the Will sets an amount, check the clause on the executor’s powers before you use the executor compensation calculator, because a fixed amount in the Will replaces any percentage. An executor also cannot pay themselves in advance unless the Will or a contract allows it, so wait for the beneficiaries’ approval or a court order.
An executor who is also a beneficiary should think before taking compensation, because the payment reduces what the other beneficiaries receive. A gift to the executor in the Will can also be treated as payment for acting, unless the Will says otherwise. Keep a record of the time spent and the tasks done. The records support the amount if the beneficiaries ask questions or the accounts are passed in court. Useful records include dates and notes for meetings with the bank, the lawyer and the beneficiaries, time spent on the home, the sale of assets, the final tax return and the distribution. A beneficiary who disagrees with the amount can ask the court to review the accounts, so a clear record protects the executor as well as the estate.
Warning: do not rely on a percentage alone
The calculator shows ceilings and illustrations, not an entitlement. An executor who takes too much can be ordered to repay it, and can lose the beneficiaries’ trust. Before you take anything:
- Read the Will. If it sets the amount or says the executor acts without pay, that wording governs.
- Keep a log of your time and tasks from the first day.
- Do not pay yourself until the beneficiaries have approved the amount in writing or a court has fixed it.
- Expect less where the estate is large but simple, for example one valuable property. Size is only one of the factors the court weighs.
- Executor compensation is generally income for tax purposes, so speak to an accountant before you claim it.
- If a beneficiary disagrees, or cannot consent, get legal advice before you go further.
This page is general information about BC law, not legal advice for your estate. Every estate is different, and the court decides what is fair.
Compensation is separate from the court costs of the Grant. For those, use our BC probate fee calculator, or read how much probate costs in BC. For the duties that earn the compensation, follow our executor checklist.
Common Questions
Executor compensation questions
How much can an executor be paid in BC?
An executor or administrator is entitled to a fair and reasonable allowance for their time and trouble, but not more than 5% of the gross aggregate value of the assets, including capital and income (Trustee Act, section 88). That 5% is a ceiling, not a rate. The court decides what is fair, looking at the size of the estate, the work involved, the time spent, the skill needed and the result.
What is the care and management fee for an executor?
An executor can apply to the Supreme Court each year for a care and management fee of up to 0.4% of the average market value of the assets. It is in addition to the allowance of up to 5%, and the court decides whether to allow it and how much.
What if the Will sets the executor’s pay?
If the Will sets the allowance, the Will governs and sections 88 and 89 of the Trustee Act do not apply. Read the executor clause before you work out any percentage. A Will can also say the executor acts without payment.
Can an executor pay themselves before the beneficiaries agree?
Not unless the Will or a contract allows it. Taking compensation from the estate before the beneficiaries have approved it in writing, or before a court has fixed it, can lead to a dispute and an order to repay.
Who decides the executor’s compensation if a beneficiary disagrees?
If all the beneficiaries approve the accounts and the amount in writing, the executor can usually avoid a formal passing of accounts in court. If one does not agree, or one cannot consent, such as a minor, the Supreme Court or a registrar fixes the amount when the accounts are passed.
Need help as an executor?
We act for executors and administrators online anywhere in BC, or in person at our South Surrey office. We can help you decide what to claim, record your time and prepare the accounts for the beneficiaries. Our fee for the Grant of Probate is confirmed in writing before work starts. See our probate lawyer page.