Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the BC government’s wills and estates page (updated September 28, 2026), the Wills, Estates and Succession Act and the Supreme Court Civil Rules, Part 25, checked that day.
The rule: “You do not need to hire a lawyer to apply for a grant of probate or administration,” the BC government says. An executor can apply on their own.
When a lawyer is worth it: no will, a dispute or a possible claim, real estate to sell, minors or someone who can’t be found, assets outside BC, or an executor who doesn’t have the time.
Our fee for the grant: a flat $3,000, or no upfront fee with a contingency fee paid from the estate after the grant (from $6,000, up to $11,000). Taxes, court fees, probate fees and disbursements are extra.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
No, you don’t need a lawyer to apply for probate in BC. An executor can prepare the forms, deliver the notices and file the application at a Supreme Court registry on their own. Many simple estates are done that way. A lawyer earns their fee when the estate isn’t simple: when there is no will, when someone may challenge the will or claim against the estate, when a house has to be sold, or when a mistake would leave the executor personally responsible. This guide explains how to tell which kind of estate you have, what a probate lawyer costs in BC, and who pays.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, prepares probate applications for executors for a flat fee or a contingency fee paid from the estate, and helps with estate administration as a separate service.
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Do you need a lawyer to apply for probate in BC?
No. The BC government’s guide to dealing with an estate says, “You do not need to hire a lawyer to apply for a grant of probate or administration.” It also warns that people who apply on their own must be well prepared and ready for a lot of paperwork. You can file at any BC Supreme Court registry.
Applying is the first part of the job. After the grant, the executor still has to collect the assets, pay the debts and taxes, deal with any claims and distribute the estate, and they are personally responsible if they distribute too early. That second part is where most of the risk sits.
When is a probate lawyer worth it?
Use this table to see where your estate falls. One “yes” in the right-hand column is usually enough reason to get advice before you file.
| Situation | Why it matters | Get a lawyer? |
|---|---|---|
| A valid will, one executor, a BC bank account and a few belongings, and everyone gets along | Simple application; banks may release small accounts without a grant | Often not needed |
| No will | Someone must apply for a grant of administration, and the estate is shared under the Act’s rules, not a will | Usually yes |
| A spouse or child left out or left less than they expected | They can bring a wills variation claim within 180 days of the grant (WESA s. 61), and distributing early can make you personally liable (s. 155) | Yes |
| Someone doubts the will is valid | A notice of dispute stops the grant from issuing, and lasts one year unless renewed (Rule 25-10) | Yes |
| Real estate to transfer or sell | Title has to be transmitted to the executor, and a sale has to be handled within the rules on timing and beneficiary consent | Usually yes |
| A beneficiary is a minor, is incapable, or can’t be found | The Public Guardian and Trustee may need notice, and shares have to be protected | Yes |
| Assets or beneficiaries outside BC | Different forms, and the other place may need its own process | Usually yes |
| Debts may be larger than the assets | The executor has to pay creditors in the right order | Yes |
| The executor lives far away or doesn’t have the time | Every step still has to be done correctly and on time | Often |
How much does a probate lawyer cost in BC?
There are three separate costs, and it helps to keep them apart:
| Cost | What it is | Who sets it |
|---|---|---|
| Probate fee and court filing fee | Paid to the court before the grant issues. Nothing on estates of $25,000 or less; above that, a set amount per $1,000 plus a $200 filing fee | Probate Fee Act; see our probate fee calculator |
| Lawyer’s fees | For preparing and filing the application, and for advice during the administration | The lawyer: a fixed fee or hourly rates, agreed in writing at the start |
| Executor’s pay | For the executor’s own time and work | The will, or the Trustee Act cap of up to 5% of the estate’s gross value plus a care and management fee in some cases (Trustee Act s. 88) |
What we charge to get the grant of probate
Both options cover the legal work to prepare and file an uncontested probate application and obtain the grant of probate. Estate administration is a separate service. If you need help collecting or selling estate assets, paying debts, preparing estate accounts or distributing to beneficiaries, we discuss the scope and fees for that work separately.
| Option 1: flat fee | Option 2: contingency fee paid from the estate | |
|---|---|---|
| Legal fee | $3,000 | From $6,000 to $11,000, depending on the estate’s value (table below) |
| When it is paid | As set out in our fee agreement | No upfront legal fee. We earn it only if the court issues the grant, and it is paid from estate funds once they are available after the grant |
| Estate value used | Not relevant | The value reported for provincial probate-fee purposes |
| Extra under both options | GST, PST, court filing fees, provincial probate fees and other disbursements. Court filing and probate fees needed before the grant issues must be paid when due | |
Contingency fee schedule (Option 2)
The minimum legal fee is $6,000. It applies to every estate valued at $500,000 or less, including estates worth less than $100,000: for an $80,000 estate, the legal fee is $6,000 plus taxes and disbursements. Above $500,000, we add 0.50% on the part between $500,000 and $1 million, and 0.25% on the part between $1 million and $2 million. The maximum is $11,000.
| Estate value | Legal fee, before taxes and disbursements |
|---|---|
| $500,000 or less | $6,000 |
| $750,000 | $7,250 |
| $1,000,000 | $8,500 |
| $1,500,000 | $9,750 |
| $2,000,000 or more | $11,000 |
Who pays the lawyer?
The estate, in most cases, not the executor personally. The BC government’s guide says: “If you do hire a lawyer, it is possible to pay legal fees out of the estate. However, those payments must be approved by the court, or by the people who will inherit the assets of the person who died.”
What can you do yourself, and what do we do?
| Step | Doing it yourself | With us |
|---|---|---|
| Find the will and search the wills registry | You request the wills notice search | We request it and check the will for problems |
| Deliver notices (Form P1) | You work out who must get notice and wait 21 days | We identify everyone who must be served, including intestate successors and the Public Guardian and Trustee where needed (Rule 25-2) |
| Value the estate (Form P10 or P11) | You list and value every asset and debt at the date of death | We sort what passes outside the estate and prepare the affidavit |
| File and answer the registry | You file and respond if the registry raises questions | We file, pay the fees from the estate and answer any registry questions |
| After the grant | You collect, pay, account and distribute | We advise on timing, claims, the 210-day rule and releases |
What happens if an executor gets it wrong?
- Distributing too early. An executor must not distribute within 210 days after the grant without the consents or a court order the Act requires, and can be personally liable for the loss if they do (WESA s. 155).
- Missing an asset. If another asset turns up, the executor must file a supplemental affidavit and pay the extra probate fee (Rule 25-3(9)).
- Missing a person. If someone entitled to notice wasn’t served, the application can be delayed or the grant later challenged.
Mistakes I have seen
- I have seen executors pay a beneficiary early to keep the peace, then face a wills variation claim with nothing left to cover it.
- I have seen applications sent back because the P1 notice wasn’t delivered to everyone who should have received it.
- I have seen executors hire a lawyer without asking what the fee covers, then find that estate administration after the grant was billed separately.
- I have seen executors put a joint home or an RRSP with a named beneficiary on the P10, and pay probate fees the estate didn’t owe.
Frequently asked questions
Do I have to use the lawyer who drafted the will?
No. The executor chooses who to hire. The lawyer who drafted the will may hold the original, but you can ask for it to be released to you or to the lawyer you choose.
Can a beneficiary hire their own lawyer?
Yes. The executor’s lawyer acts for the executor, not the beneficiaries. A beneficiary who has concerns about the estate can get their own advice.
Which fee option is better for me?
The flat fee is lower. The contingency option means there is no legal fee unless the grant issues, and it is paid from estate funds after the grant, which suits executors who don’t want to pay a legal fee before the estate’s money is available.
Is the lawyer’s fee the same as the probate fee?
No. The probate fee is a government charge paid to the court before the grant issues. The lawyer’s fee is for the lawyer’s work and is agreed separately.
Can the executor be paid as well as the lawyer?
Yes. The executor’s pay is set by the will, or by the court within the Trustee Act cap, and is separate from the lawyer’s fee.
Can I start on my own and bring in a lawyer later?
Yes. Many executors do the early steps themselves and get advice when a problem comes up, such as a claim, a house sale or a registry question.
Related guides
See how to apply for probate in BC, probate fees in BC, with a calculator and what an executor does in BC.
What should I do right now?
Find the original will, list the assets and who they pass to, and check the table above. If your estate has any of the “yes” situations, get advice before you deliver the P1 notices or file anything.
Book a consultation with our probate lawyers in Surrey, Abbotsford or Vancouver.
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Sources (official)
- Government of BC: After a death, deal with wills and estates (updated September 28, 2026)
- Wills, Estates and Succession Act, ss. 61 and 155
- Supreme Court Civil Rules, Part 25, Rules 25-2, 25-3(9) and 25-10
- Trustee Act, s. 88
- Probate Fee Act
This article is general information, not legal advice. Every case depends on its own facts.