When does an Estate need an Administrator?
When someone dies without a valid Will, they are said to have died “intestate.” In such cases, the Probate Court must appoint someone to act as administrator of the estate (rather than the executor). The Court makes this appointment when someone qualified to act in this capacity makes an application to the Court. Usually this would be a member of the family, or if there is none, a close friend of the deceased.
The appointment as administrator over the estate is known as a grant of “Letters of Administration.”
When do you need to apply for Letters of Administration?
Letters of Administration provide official recognition of the authority of the administrator over the deceased’s estate. The administrator may need this proof, for example, to recover money owing to the deceased or to transfer certain assets in accordance with their obligations as administrator.
If the estate contains real estate or property more than $25,000 in value, the administrator will need to apply for Letters of Administration. If the deceased owned real estate, Letters of Administration must be obtained as the Land Title Office will need to have certified estate administration documents for matters dealing with the transfer and/or sale of the property.
What fees must be paid to obtain a grant of Administration?
The fees payable to Court for the Letters of Administration are based on the value of the estate.
In British Columbia, the basic fee payable for commencing the application for the grant of administration is $200. However, this fee is waived if the entire value of the estate (all of the property of the deceased) does not exceed $25,000.
In addition to the basic administration application fee, the following are the administration fees paid to the government:
$6 for each $1,000 or part of $1,000 of the value of the estate in excess of $25,000, up to $50,000, plus $14 for each $1,000 or part of $1,000 of the value of the estate in excess of $50,000.
The fees above do not include legal fees. They are merely the fees paid to the government of British Columbia.
How much does M.J. O’Nions Lawyer & Mediator charge for obtaining Letters of Administration?
The cost of administrating an Estate is based on an hourly rate. By filling out the estate administration intake form you can save us time which translates into substantial savings for you. Our hourly rate is $495 per hour plus applicable taxes. We do not charge for such things as photocopying, faxing, secretarial services, and long distance telephone calls, which can save you hundreds of dollars more.
Why use M.J. O’Nions Lawyer & Mediator for preparing an Estate for Administration?
We have the knowledge, expertise and experience to prepare an estate for administration and make an application to obtain and receive Letters of Administration for an estate. We can complete all the steps to ensure your estate is fully handled and you are aware of all the legalities. We will do this in a cost-effective manner while providing high quality professional service. We understand your needs and we are here to help. Just give us a call at 604-449-7779 to schedule an appointment so we can assist you.
How do I start the process of having obtaining Letters of Administration?
Fill out the general intake form and a lawyer will call you within 24 hours to assist you, or you can call us directly at 604-449-7779.
To learn more see our blog on The New Wills Estates & Succession Act “WESA,” and what it means for British Columbians.