Handling probate while grieving is hard enough. If you are an executor, it helps to know which rules have changed in recent years and which parts of the process have stayed the same. This guide covers the probate law updates in BC that matter most to executors: electronic wills, how documents are filed, the probate fee formula and the duties you carry.
The core framework has not been rewritten. The Wills, Estates and Succession Act (WESA) sets the substantive rules, and Part 25 of the Supreme Court Civil Rules sets the court procedure. If you want the step-by-step version, start with our guide on how probate works in BC.
Electronic Wills and Remote Witnessing
The biggest change in recent years is that wills can now be made electronically. Since December 1, 2021, BC recognizes electronic wills that are signed and stored entirely in electronic form. WESA also allows a will to be signed with the witnesses present by video, as long as everyone can see and hear what is happening. The Province’s page on the 2014 and 2021 amendments explains the change.
For an executor, this has practical effects:
- Look for every version. A will signed in counterpart may exist in more than one signed copy, and an electronic will may be saved on a device or with an online service. Find them all before you apply.
- The court has extra steps for electronic wills. The application includes an additional affidavit about the electronic will, and the court sets rules for which version counts as the original.
- Do not assume a document is valid. If the will was witnessed remotely or only exists electronically, get legal advice before you act on it. The court may need more evidence that the document is the deceased person’s will.
How Probate Documents Are Filed
Court procedures have been updated, but probate is still not fully online. The court’s eFile service is not available for Supreme Court probate matters, so documents are filed at the court registry. The originally signed version of a physical will also cannot be filed electronically.
Check that you are using the current probate forms from the court’s website before you file. A small error or an outdated form can lead to the registry rejecting the application, which adds weeks to a process that already takes time.
Probate Fees in BC
Two charges apply when you apply for a grant of probate. The first is a $200 court filing fee for estates over $25,000. The second is the probate fee under the Probate Fee Act, which is tiered:
- $0 on the first $25,000 of the estate
- $6 for every $1,000 (or part of $1,000) from $25,001 to $50,000
- $14 for every $1,000 (or part of $1,000) above $50,000
The higher rate applies only to the portion above $50,000. For an estate valued at $500,000, the probate fee is $6,450, plus the $200 filing fee. You can test your own figures in our BC probate fee calculator. The fee is based on the value of the estate’s assets, and a mortgage secured against BC property can reduce the value used. Value assets as at the date of death, and get a professional appraisal for real estate and other assets that are hard to price.
What Is Expected of Executors
An executor is a trustee of the estate and must act in the interests of the beneficiaries. Courts take that duty seriously, especially when beneficiaries dispute how an estate was handled. In practice, that means:
- Keep complete records. Track every asset, debt, payment and distribution, and be ready to show the beneficiaries an accounting.
- Protect the assets. Insure and secure real estate, keep funds in an estate account and do not mix them with your own money.
- Communicate. Keep beneficiaries informed at each stage. Most disputes start with silence.
- Pay what is owed first. Settle debts and taxes, including the deceased person’s final tax return, before distributing the estate.
Other Probate Law Updates in BC
WESA lets a person make a will from age 16, down from 19 under the old law. If there is no valid will, the estate is handled through a grant of administration instead, and WESA decides who inherits.
Get Help as an Executor in BC
If you are an executor, Cube Law can prepare the application, gather the documents and guide you through each step. Our probate lawyers in Surrey work with executors across BC by phone or video, so you do not need to travel to our office.
This article is general information, not legal advice. Contact Cube Law to discuss your own situation.
