Probate is the legal process where will goes through provincial courts in order to get certified and validated. This process can be expensive but there are ways to avoid probate and minimize your estate tax bill. Typically, the process involves the executor who would apply for Letters of Probate and confirm that the will is the last will and testament of the deceased. Upon being granted letters of probate, property can be transferred onto the name of the executor of which they can begin the process of settling the estate to the beneficiaries.
Probate fees are determined by the net value of property within the estate. They vary by province to province. Below are the current fees as of 2020.
Probate Fees by Province
Province | Value of Estate | Probate Fees |
Alberta | Under $10,000 | $35 |
$10,000 to $25,000 | $135 | |
$25,000 to $125,000 | $275 | |
$125,000 to $250,000 | $400 | |
Over $250,000 | $525 | |
British Columbia | $25,000 to $50,000 | $6 per $1,000 (0.6%) |
Over $50,000 | $14 per $1,000 (1.4%) | |
Manitoba | Under $10,000 | $70 |
Over $10,000 | $7 per $1,000 (0.7%) | |
New Brunswick | Under $5,000 | $25 |
$5,000 to $10,000 | $50 | |
$10,000 to $15,000 | $75 | |
$15,000 to $20,000 | $100 | |
Over $20,000 | $5 per $1,000 (0.5%) | |
Newfoundland & Labrador | Under $1,000 | $60 |
Over $1,000 | $0.60 per $100 (0.6%) | |
Northwest Territories | Under $10,000 | $30 |
$10,000 to $25,000 | $110 | |
$25,000 to $125,000 | $215 | |
$125,000 to $250,000 | $325 | |
Over $250,000 | $435 | |
Nova Scotia | Under $10,000 | $85.60 |
$10,000 to $25,000 | $215.20 | |
$25,000 to $50,000 | $358.15 | |
$50,000 to $100,000 | $1,002.65 | |
Over $100,000 | $16.95 per $1,000 (1.695%) | |
Nunavut | Under $10,000 | $25 |
$10,000 to $25,000 | $100 | |
$25,000 to $125,000 | $200 | |
$125,000 to $250,000 | $300 | |
Over $250,000 | $400 | |
Ontario | Under $50,000 | None |
Over $50,000 | $15 per $1,000 (1.5%) | |
Prince Edward Island | Under $10,000 | $50 |
$10,000 to $25,000 | $100 | |
$25,000 to $50,000 | $200 | |
$50,000 to $100,000 | $400 | |
Over $100,000 | $4 per $1,000 (0.4%) | |
Quebec | Fixed Fee | $202 |
Saskatchewan | Fixed | $7 per $1,000 (0.7%) |
Yukon | Over $25,000 | $140 |
Example of Probate Fees:
Jim, who lived in Saskatchewan, passed away on January 4th. He left no will. His wife Susan filed for grant of probate and received a certificate of appointment. It was determined that the value of his estate was $200,000. The probate fees amounted to $1,400. (0.007 x 200,000).