Complete Guide to Probate Fees in Canada

Nobody wants to pay extra fees if they don’t have to.

Especially to the government.

From this perspective it would make sense to avoid probate fees at all costs, right?

While this makes sense on the surface you should only do this after you have a clear understanding of the costs of probate and the potential costs of avoiding probate.

In this article, we’ll explain all of that, so tuck in!

What are probate fees?

Probate fees are fees charged by the government to someone’s estate after they pass away. They charge this fee because of the work involved to confirm that the will is legitimate.

Generally speaking, someone’s estate could be considered the collective value of all the assets owned by that person before they died.

However, not all assets in an estate are subject to probate fees. ¹Such as assets with named beneficiaries and assets owned jointly with another person

Probate in Canada can be viewed as a “tax” though it is not the same as “estate tax” in the United States.

Once the court confirms the will is legitimate and the probate fees are paid you would then have a “probated will”

Typically a probated will is required by financial institutions before they will disburse funds.

Which province has the most expensive probate fees?

How expensive probate fees are for different provinces depends on the size of the estate.

Some provinces are favourable for smaller estates, but expensive for larger estates. Such as Ontario.

Probate Fees on a Large Estate

For large estates the most expensive provinces for probate fees are Ontario, British Columbia and Saskatchewan.

Ontario’s Probate Fees

Ontario charges no estate fees on estates below $50,000. But charges a 1.5% fee on any amount in excess of $50,000

• For a $1,000,000 estate in Ontario, the fee would be $14,250

British Columbia’s Probate Fees

British Columbia’s fees are also high for large estates, but they are less than Ontario’s.

• BC Charges no estate fees on estates below $25,000
• 0.6% on estate values between $25,000 and $50,000
• And 1.4% on estate values in excess of $50,000
• For a $1,000,000 estate in BC, the fee would be $13,450

Saskatchewan’s Probate Fees

Saskatchewan has the third-highest probate fees

• Saskatchewan charges a base of 0.7% on all estate values
• For a $1,000,000 estate in Saskatchewan, the fee would be $7,000

Probate Fees on a Small Estate

Many provinces have discounted probate fees (or no fees at all) for smaller estates.

The provinces with the lowest probate fees are Manitoba, British Columbia, Ontario and Yukon

In all of these provinces, there is no probate fee charged on estates below $25,000.

In fact, Manitoba charges no probate fees at all, for any estate amount!

Should I try to avoid probate fees?

Probate planning is something that should be considered, however you need to make sure the costs outweigh the benefits.

The highest probate fees belong to Ontario ²For large estates. Which are the only estates where it may make sense to do some probate planning. Usually it does not make sense to undertake probate planning for small estates because the the fee is too small, or there is no fee at all. where probate fees are 1.5% of the estate.

On a percentage basis this is a rounding error. But when estates are large the dollar values can get people thinking whether they should be proactive and plan ahead.

There is no blanket answer on whether you should do probate planning or not. But usually this type of planning can do more harm then good. Particularily if the planning is executed without the help of your lawyer, accountant and financial advisor.

How can probate planning go wrong?

Sarah is 86 and widowed. She has a $1,500,000 home in Ontario which she purchased for $500,000 30 years earlier. Her son Jimmy, 55, is the sole heir to Sarah’s estate. Jimmy is concerned about the probate fees that would be charged on the home when his mom dies.³For a $1,500,000 home the probate fees would be ~ $21,750

Jimmy decides to add himself as a joint owner to the home. Now when Sarah passes away the house will transfer directly to him and will not pass through the will. Therefore avoiding probate fees.

While this strategy will avoid the probate fees that would have been charged on the value of the house. It opens up the potential for other, potentially more costly, effects such as:

Marriage Breakdown

If Jimmy’s marriage breaks down and he is on the title of his Mom’s home. That asset could be considered partially his home and would now be part of his assets for divorce purposes.

Creditors

If Jimmy had any issues with creditors and was unable to pay debts. Jimmy’s name is now listed on this home, creditors could potentially come after the home to recoup their losses on loans made to Jimmy.

Triggering Tax

There is the potential for a taxable disposition to arise when adding Jimmy to the home. Which would result in a tax bill, much larger than the probate fees⁴This is a bit of a grey area since a primary residence is exempt from taxation. It is best to get legal/accounting advice concerning your situation.

How do probate fees differ across provinces?

Alberta Probate Fees

• $35 for estates worth $10,000 or less
• $135 for estates between $10,000 and $25,000
• $275 for estates between $25,000 and $125,000
• $400 for estates worth between $125,000 to $250,000
• $525 for estates worth more than $250,000

British Columbia Probate Fees

• $0 below $25,000
• Above $25,000
  • Between $25,000 and $50,000 the fee is $6 per $1,000
    • For example at $25,000 there would be no fee. But at $26,000 there would be a $6 fee
• Above $50,000
  • $14 per $1,000
    • For example, an estate worth $50,000 would have a fee of:
      • $150 (25 x $6)
    • But an estate worth $55,000 would have a fee of
      • $150 (25 x $6)
      • Plus $70 (5 x $14)
      • Totalling $220

Manitoba Probate Fees

• Manitoba does not have probate fees

New Brunswick Probate Fees

• $25 for estates less than $5,000
• $50 for estates between $5,000 and $10,000
• $75 for estates between $10,000 and $15,000
• $100 for estates between $15,000 and $20,000
• For over $20,000, a flat fee of 0.5% is charged on the value above $20,000
  • For example, an estate worth $100,000 would be charged
    • $100 (between $15,000 and $20,000)
    • Plus $400
      • 0.5% x $80,000 ($100,000 – $20,000)
    • Totalling $500

Newfoundland Probate Fees

• $60 when the estate does not exceed $1,000
• Above $1,000
  • The original $60 fee is charged
  • On each dollar above $1,000, there is a charge of $0.60 for each extra $100
  • For example
    • An estate worth $50,000 would be charged
      • $60
      • $49,000 / 100 = $490. $490 x $0.6 = $294
      • Totalling $354

Northwest Territories Probate Fees

• $30 for states worth $10,000 or less
• $110 for estates between $10,000 to $25,000
• $215 for estates between $25,000 to $125,000
• $325 for estates between $125,000 to $250,000
• $435 for estates above $250,000

Nova Scotia Probate Fees

• $85.60 for estates below $10,000
• $215.20 for estates between $10,000 and $25,000
• $358.15 for estates between $25,000 and $50,000
• $1,002.65 for estates between $50,000 to $100,000
• For estates exceeding $100,000
  • The standard $1,002.65 fee for estates between $50,000 and $100,000
  • Plus $16.95 for every $1,000 in excess of $100,000

Nunavut Probate Fees

• $25 for estates below $10,000
• $100 for estates between $10,000 and $25,000
• $200 for estates worth $25,000 to $125,000
• $300 for estates worth $125,000 to $250,000
• $400 for estates worth more than $250,000

Ontario Probate Fees

• $0 for estates below $50,000
• $15 per $1,000 for estates above $50,000
  • For example
    • $250,000 estate will be charged $3,000
      • (($250,000 – $50,000) / 1000) x $15

Prince Edward Island Probate Fees

• $50 for estates below $10,000
• $100 for estates between $10,000 and $25,000
• $200 for estates between $25,000 and $50,000
• $400 for estates between $50,000 and $100,000
• For estates above $100,000
  • The $400 fee for estates between $50,000 and $100,000
  • Plus $4 for each $1,000 above $100,000

Quebec Probate Fees

Probate fees are not charged on estates in Quebec

Saskatchewan Probate Fees

$7 per $1,000 of estate value

For example, a $100,000 estate would be charged $700

Yukon Probate Fees

• No fee on estates below $25,000

• Estates above $25,000 are charged $140