On Topic

Wills

Probate Rules

Probate rules vary with the type of property. This may be a consideration in making investment decisions. Real estate held in the name of the decedent that is to go to a child will have to go through probate. What is more, minor children cannot hold land. If the same property is held by a corporation with an independent existence and shares have been given to the child, there will be no probate for the property. Foreign property, say a condo in Florida, is subject to complex U.S. taxes unless it is held by a limited partnership or as an asset balanced by a mortgage issued on a basis on which the lender could only seize the property and not sue for deficiencies in the event of default. The knack is to minimize the equity subject to U.S. Estate Tax. Where assets have increased in value over their cost base, they are taxable in the amount of the gain less any depreciation.

Probate can be a costly and slow process. But it can be avoided for some assets. Life insurance policy distributions to named beneficiaries and, indeed, the assets within life insurance agreements, segregated funds, and certain annuities can all pass to designated beneficiaries without probate fees. Customarily, the proceeds of life insurance contracts that are paid to beneficiaries are regarded as the property of the beneficiaries and thus have no need to go into probate.

Provincial Probate Fees

Province Fee Schedule Maximum
Alberta
  • $25 for estates under $10,000.
  • $100 for estates between $10,000 and $24,999
  • $200 for estates between $25,000 and $124,999
  • $300 for estates between $125,000 and $249,999
  • $400 for estates of $250,000 and over
 $400.
British Columbia
  • $0 for estates under $25,000
  • $6 for every $1,000 or part of $1,000 by which the value of the estate exceeds $25,000 but is not more than $50,000
  • Plus $14 for every $1,000 or part of $1,000 by which the value of the estate exceeds $50,000.
 None
Manitoba
  • $70 for the first $10,000, plus $7.00 for every $1,000 thereafter.
 None
New Brunswick
  • $5 for each $1,000
 None
Newfoundland
  • $85 for the first $1,000 and $5 per $1,000 thereafter
  • Plus $50 for the Order
 None
Northwest Territories Value of all property, real and personal, within the Northwest Territories, after deducting all debts and liabilities against that property.
  • $25 for estates not exceeding $10,000
  • $100 for estates exceeding $10,000 but not exceeding $25,000
  • $200 for estates exceeding $25,000 but not exceeding $125,000
  • $300 for estates exceeding $125,000 but not exceeding $250,000
  • $400 for estates exceeding $250,000
 None
Nova Scotia
  • $70 for estates not exceeding $10,000
  • $176 for estates exceeding $10,000 but not exceeding $25,000
  • $293 for estates exceeding $25,000 but not exceeding $50,000
  • $820 for estates exceeding $50,000
  • Plus $13.85 for each additional $1,000 or fraction thereof in excess of $100,000
 None
Ontario
  • $5 on each $1,000 for the first $50,000 and $15 per $1,000 thereafter
 None
Prince Edward Island
  • $50 for estates not exceeding $10,000
  • $100 for estates exceeding $10,000 but not exceeding $25,000
  • $200 for estates exceeding $25,000 but not exceeding $50,000
  • $400 for estates exceeding $50,000 but not exceeding $100,000
  • $400 plus $4 for each $1,000 or fraction thereof in excess of $100,000
  • Plus a 0.2% closing fee.
 None
Quebec
  • $65 for non-notarial will
  • $0 for notarial will (notarial wills do not need to be probated)
 $65 (non-notarial will)
Saskatchewan
  • $7 on each $1,000
 None
Yukon
  • No fee is payable to obtain a Grant of Letters Probate and Administration where a person dies leaving an estate not exceeding $25,000 in value.
  • Fee of $140 to obtain a Grant of Letters Probate and Administration where a person dies leaving an estate exceeding $25,000 in value.
 None