Thursday, January 15, 2015
Where does probate take place if you live in one province but have assets in another?
Posted by Lynne Butler
"I have accounts in Alberta but I live in British Columbia. Since the bulk of my assets are in Alberta, does my will get probated there, or does it have to be probated where I live?"
This is an excellent question, given the difference in court fees charged by these two provinces. It is much less expensive to probate a will in Alberta than in BC. For example, the probate fee on an estate worth $500,000 would be $7,200 in BC and only $400 in Alberta. Many Canadians move valuable assets to Alberta to take advantage of the lower probate fees.
The general rule is that a will is probated (assuming it is in need of probate at all) in the province or territory in which the deceased ordinarily lived. Keep in mind though that a probate order granted in BC only covers the assets you own in BC. According to what you've told me, this will mean the BC order will cover your home and other assets in that province, but not your assets in Alberta. Your estate will pay BC probate fees only on the assets listed on your BC application for probate.
To deal with your Alberta assets, your executor will have to apply for a separate court order in Alberta, after he obtains the BC order. This is called a re-sealing of probate. While it is not quite starting over from scratch, the paperwork is very similar in scope to the BC paperwork. Though he may attempt to do this on his own, your executor would probably hire an Alberta lawyer to handle the application. Your estate will pay Alberta probate fees on the assets in Alberta.
I take it that you haven't talked through your estate plan with a lawyer local to you, but it would probably be a good idea. You may hear ideas that will save your estate taxes, expenses, and time.
This arrangement is not unique to BC and Alberta. Re-sealing is required between all provinces and territories.