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• 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.). Contingency fees are usually based on a percentage of the damages recovered. Probate fees in BC are low. Our estate lawyers also help families and administrators deal with estates when someone has died without a will (called intestate). We have inlcluded are a selection of resources to consider for legal fees and remuneration in probate and estate administration. I would caution anyone considering transferring assets into joint names with anyone (other than your beloved spouse who is intended to be your sole beneficiary anyway) just to avoid Probate fees because you are putting those assets at risk (distrustful joint owners, creditors of the joint owner etc. Here are the following fees: 1) Personal Representative Fees. 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. 4. As well, Letters Probate may be necessary if the executor expects that somebody may contest his or her right to act as executor. I was too desperate then, almost close to breakdown after getting the runaround from two other family law firms. The basic fee is waived if the gross value of the estate does not exceed $25,000. It should not be attempted without the assistance of a lawyer unless the estate is quite simple. One will can be prepared for the assets requiring probate, and a separate will can be prepared for the assets not requiring probate. The “value of the estate” only includes assets that pass to the deceased’s personal representative. For example, unlike some other probate lawyers in Alberta, our Calgary probate lawyers base our fees on the complexity of your situation rather than the value of the estate. The $25,000 threshold is calculated based on the value of all the property of the deceased situated in British Columbia. The Court gives the executor documents, called the letters probate (Grant of Probate), as proof of his or her authority to deal with the estate. Whether the Will needs to be probated; 2. Whether a will needs to be probated or not depends on the agencies and financial institutions that hold assets within an estate – they may require that a will is probated before the assets are distributed or accessed by anyone. There are probate fees that vary by Province, but fees can be … If the value of the estate is more than $25,000, but less than $50,000, then the probate fee is $6 for every $1,000 (or part of $1,000) by which the value of the estate exceeds $25,000. The calculation of probate fees involves a consideration of several different factors. The Court will also look at the Will of the deceased and confirm the appointment of the person(s) named as executor in the Will. 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? There are other circumstances that would also require probate, but the main thing to note is that probate is not always required. Whether the deceased was ordinarily resident in British Columbia; and. British Columbia’s Probate Fee Act sets out the rules for the rate of probate fees payable on a deceased estate and when they must be paid. ). Select the Province/Territory, then enter the total value of the estate. In between $25,000 and $50,000, the … Usually this would be a member of the family, or if there is none, a close friend of the deceased. 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