What Assets Skip Your Will & Avoid Probate in British Columbia?

Your will only governs what lands in your estate. In British Columbia, where probate fees reach about 1.4% above $50,000, steering assets around the estate is a legitimate and common way to save money and speed things up — if you do it deliberately.

What passes outside the will in B.C.

• Registered accounts with a named beneficiary — RRSPs, RRIFs, and TFSAs go straight to the person named.
• Life insurance with a named beneficiary — paid directly, outside the estate.
• Pension and group benefits with designations.
• Joint tenancy with right of survivorship — a co-owned home or account passes automatically to the survivor.
• Trust assets — including B.C.'s alter ego and joint partner trusts for those 65+, which hold property outside the estate.

None of these are counted for the probate fee, and they typically reach beneficiaries faster.

Why it matters here

On a $1,000,000 estate, B.C. probate is roughly $13,650. If the home passes by survivorship and the registered plans name beneficiaries, the probated estate — and the fee — can shrink sharply.

The B.C.-specific traps

• Joint accounts with an adult child. B.C. courts (following the Pecore line of cases) often presume a parent's transfer into joint names with an adult child is held in trust for the estate, not a gift — so the "probate hack" can backfire and trigger litigation.
• Stale designations. An ex-partner left on an old policy or RRSP usually still inherits it.
• Designations override the will. They must be coordinated with your overall plan, or one beneficiary gets a windfall.

What to do

Review every beneficiary designation after major life changes, and treat any joint ownership as a deliberate legal decision — ideally with advice — rather than a shortcut. For larger or older estates, ask whether an alter ego or joint partner trust fits.

Frequently asked questions

Do RRSPs and TFSAs go through probate in British Columbia? Not with a named beneficiary — they pass directly and skip probate. Does life insurance go through probate in British Columbia? No, when a beneficiary is named; yes, if the estate is named. Does jointly owned property avoid probate in British Columbia? Yes by survivorship — but a joint account with an adult child may be presumed held in trust for the estate. Should I add my child to my bank account to avoid probate? Be cautious in B.C. — case law often treats it as held in trust, creating disputes. Get advice first.

Not legal advice. General information about British Columbia law as of 2026. Confirm specifics with a B.C. estate lawyer, notary, or financial advisor.