What is Probate?
Definition
| Term | Meaning |
|---|---|
| Probate | Court validation of a will |
| Estate Administration Tax | Official Ontario term |
| Probate fees | Tax paid on estate value |
| Letters Probate | Court document issued |
When Probate is Required
| Usually Required | Often Not Required |
|---|---|
| Real estate (sole ownership) | Joint property (survivorship) |
| Stocks/investments | RRSP/TFSA with beneficiary |
| Large bank accounts | Life insurance (named beneficiary) |
| Vehicles (varies) | Small bank accounts |
Probate Fees by Province
Fee Comparison
| Province | Fee Structure |
|---|---|
| British Columbia | $0 on first $25K, $6 per $1K up to $50K, $14 per $1K over $50K |
| Alberta | $35 up to $10K, max $525 over $250K |
| Saskatchewan | $7 per $1K |
| Manitoba | $70 flat fee |
| Ontario | 0.5% on first $50K, 1.5% over $50K |
| Quebec | Notarial will: $0, Other wills: ~$65 |
| New Brunswick | $5 per $1K (max $5K) |
| Nova Scotia | $1,142.62 up to $100K, $18.13 per $1K over |
| PEI | $50-$400 scaled |
| NL | $60 up to $1K, plus $0.60 per $100 over |
Cost Examples
| Estate Value | ON | BC | AB | QC (notarial) |
|---|---|---|---|---|
| $100,000 | $1,000 | $910 | $275 | $0 |
| $250,000 | $3,250 | $3,010 | $525 | $0 |
| $500,000 | $7,000 | $6,510 | $525 | $0 |
| $1,000,000 | $14,500 | $13,510 | $525 | $0 |
Province-by-Province Details
Ontario
| Calculation | |
|---|---|
| First $50,000 | $250 (0.5%) |
| Over $50,000 | 1.5% ($15 per $1,000) |
| Estate Value | Probate Fee |
|---|---|
| $50,000 | $250 |
| $100,000 | $1,000 |
| $500,000 | $7,000 |
| $1,000,000 | $14,500 |
British Columbia
| Calculation | |
|---|---|
| First $25,000 | $0 |
| $25,001 - $50,000 | $6 per $1,000 |
| Over $50,000 | $14 per $1,000 |
| Estate Value | Probate Fee |
|---|---|
| $50,000 | $150 |
| $100,000 | $850 |
| $500,000 | $6,450 |
| $1,000,000 | $13,450 |
Alberta
| Lowest Fees in Canada | |
|---|---|
| Flat fee structure | |
| Maximum | $525 (estates over $250K) |
| Estate Value | Court Fee |
|---|---|
| Up to $10,000 | $35 |
| $10,001 - $25,000 | $135 |
| $25,001 - $125,000 | $275 |
| $125,001 - $250,000 | $400 |
| Over $250,000 | $525 |
Quebec
| Unique System | |
|---|---|
| Notarial will | No probate needed |
| Other wills | Verification required (~$65) |
Tip: Quebec notarial wills avoid probate entirely.
Saskatchewan
| Calculation | |
|---|---|
| Flat rate | $7 per $1,000 of estate |
Manitoba
| Calculation | |
|---|---|
| Flat fee | $70 regardless of size |
Manitoba has the lowest probate fees for large estates.
Strategies to Minimize Probate
Joint Ownership
| How It Works | |
|---|---|
| Add someone as joint owner | With right of survivorship |
| On death | Asset passes directly |
| Skips probate | Yes |
| Risks | |
|---|---|
| Creditor exposure | Joint owner’s debts |
| Relationship breakdown | Can’t easily undo |
| Loss of control | Co-owner has rights |
| Attribution rules | Tax implications |
Beneficiary Designations
| Account Type | Beneficiary Possible |
|---|---|
| RRSP/RRIF | Yes |
| TFSA | Yes (successor holder or beneficiary) |
| Life insurance | Yes |
| Pension | Depends on plan |
| Benefit | Estate bypass |
|---|---|
| No probate | On designated amounts |
| Update regularly | Keep current |
Gifts During Lifetime
| Strategy | Details |
|---|---|
| Give assets while alive | Reduces estate |
| Tax implications | Consider capital gains |
| Timing | Don’t give away what you need |
Alter Ego Trust (65+)
| Feature | Details |
|---|---|
| Age requirement | 65+ to create |
| Control | You maintain control |
| On death | Trust assets avoid probate |
| Cost | Legal fees to set up |
Multiple Wills (Ontario/BC)
| Strategy | Details |
|---|---|
| Primary will | Assets requiring probate |
| Secondary will | Private company shares, etc. |
| Benefit | Only primary goes through probate |
What’s Included in Estate Value
Included in Probate
| Asset | Included |
|---|---|
| Real estate (sole) | Yes |
| Bank accounts (sole) | Yes |
| Non-registered investments | Yes |
| Personal property | Yes |
| Business interests | Depends |
Excluded from Probate
| Asset | Why Excluded |
|---|---|
| Joint property | Survivorship |
| RRSP with beneficiary | Designated |
| TFSA with beneficiary | Designated |
| Life insurance | Named beneficiary |
| CPP death benefit | Government benefit |
Probate Process
Timeline
| Step | Typical Time |
|---|---|
| Gather documents | 2-4 weeks |
| File application | 1-2 weeks |
| Court processing | 4-12 weeks |
| Certificate issued | 2+ weeks |
| Total | 2-6 months |
Required Documents
| Document | Purpose |
|---|---|
| Original will | For court |
| Death certificate | Proof of death |
| Asset inventory | Estate value |
| Beneficiary list | Distribution |
| Application form | Provincial form |
Executor Considerations
Probate Impact on Executor
| Issue | Details |
|---|---|
| Personal liability | Until probate obtained |
| Asset access | May be limited |
| Bank requirements | Often need probate |
| Real estate sale | Needs probate |
When to Skip Probate
| Small estates | May not need it |
|---|---|
| All joint assets | May avoid |
| Only beneficiary-designated | May avoid |
| Cooperative institutions | May release without |