What Is Probate?
Probate is the legal process of validating a will and giving the executor authority to distribute the estate. A court reviews the will, confirms it's valid, and issues a Certificate of Appointment of Estate Trustee (or equivalent).
Financial institutions typically require this certificate before releasing assets to the executor, especially for larger amounts.
Probate Fees by Province
| Province | Fee Structure | Fee on $500K Estate |
|---|---|---|
| Ontario | $5 per $1,000 (first $50K) + $15 per $1,000 after | $7,000 |
| BC | $0 (first $25K) + $6 per $1,000 (25K-50K) + $14 per $1,000 after | $6,450 |
| Nova Scotia | $85.60 per $1,000 (over $100K) | ~$42,800 |
| Alberta | Flat fee: max $525 | $525 |
| Quebec | Notarial wills avoid probate; others ~$65 | $0-$65 |
| Manitoba | $7 per $1,000 (over $10K) | $3,430 |
| Saskatchewan | $7 per $1,000 | $3,500 |
| New Brunswick | $5 per $1,000 | $2,500 |
| PEI | $4 per $1,000 | $2,000 |
Note: Probate fees are calculated on the total value of assets that pass through the will (the "probate estate"). Assets with named beneficiaries or joint ownership bypass probate.
What's Included in the Probate Estate?
Subject to Probate
- • Real estate in your name alone
- • Bank accounts without joint owner
- • Non-registered investments
- • Personal property (vehicles, art, jewelry)
- • Business interests
- • Accounts naming "Estate" as beneficiary
Bypasses Probate
- • RRSP/RRIF with named beneficiary
- • TFSA with named beneficiary/successor
- • Life insurance with named beneficiary
- • Joint accounts (right of survivorship)
- • Joint real estate (right of survivorship)
- • Assets in a trust
Strategies to Minimize Probate
1. Name Beneficiaries on All Accounts
RRSP, TFSA, FHSA, life insurance — always name specific people, never "Estate." These assets transfer directly and bypass probate entirely.
2. Joint Ownership with Right of Survivorship
Joint bank accounts and real estate with right of survivorship pass automatically to the surviving owner. Common for spouses. Caution: can create tax issues with non-spouse joint owners.
3. Inter Vivos (Living) Trust
Assets placed in a trust during your lifetime avoid probate. Useful for large estates but involves setup costs and ongoing administration. Best for estates over $1M.
4. Multiple Wills (Ontario & BC)
In Ontario and BC, you can have two wills — a "primary" will for assets requiring probate and a "secondary" will for private company shares and personal property that don't need probate.
5. Gift Assets During Your Lifetime
Assets given away before death aren't in your estate. But be careful of deemed disposition rules — you may trigger capital gains tax on the gift.
The Probate Process
- Executor locates the will and identifies assets
- Executor applies to the court for probate (Certificate of Appointment)
- Court reviews the will and issues the certificate (4-12 weeks typically)
- Executor notifies beneficiaries and creditors
- Debts and taxes are paid from the estate
- Remaining assets distributed according to the will
- Executor files final tax returns and estate accounting
Timeline: Simple estates may settle in 6-12 months. Complex estates can take 1-3 years.
Pro Tip: The biggest probate savings come from naming beneficiaries on registered accounts and life insurance. This is free, takes 10 minutes per account, and can save your family thousands in probate fees.