In some provinces, there are no fees; in others, they can be significant
By Olev Edur
Probate is a provincial/territorial court process required to establish the legal authenticity of a will. Since the matter falls within provincial/territorial jurisdiction, the fees for probating a will can vary considerably from one jurisdiction to another.
Generally probate fees are based on the size of the estate, and they can be quite significant in some jurisdictions, while in others, they may be insignificant or even non-existent (although other fees may apply). Manitoba, for example, no longer applies any probate fees, while in Alberta, the maximum probate fee levied on even a multimillion-dollar estate is $525. On the other hand, fees in Nova Scotia, Ontario, and British Columbia, based on a percentage of estate value, can amount to thousands of dollars on a sizable estate.
In addition, different jurisdictions may measure estate value differently: some use a gross value, while others use a net value after deducting debts and liabilities.
Here’a a look at what you might expect. (While the following figures are provided as guidelines, you should always verify the amount you must pay, through either your lawyer or the appropriate provincial administrator.)
Alberta
$35 on estates worth $10,000 or less
$135 on estates over $10,000, up to $25,000
$275 on estates over $25,000, up to $125,000
$400 on estates over $125,000, up to $250,000
$525 on estates over $250,000
British Columbia
$0 on estates up to $25,000
0.6 per cent of estate value over $25,000, up to $50,000
1.4 per cent of estate value over $50,000
(There’s also a filing fee of $200 for estates worth more than $25,000.)
Manitoba
No probate fee (as per the December 2019 provincial budget)
New Brunswick
$25 on estates worth $5,000 or less
$50 on estates worth more than $5,000, up to $10,000
$75 on estates worth more than $10,000, up to $15,000
$100 on estates worth more than $15,000, up to $20,000
0.5 per cent ($5 per $1,000 or part thereof) of estates with values in excess of $20,000
(Additional court fees may be levied.)
Newfoundland and Labrador
$60 on estate value up to $1,000
The above, plus 0.6 per cent ($0.60 per $100 or part thereof) of estate value over $1,000
Northwest Territories
$30 on estates worth $10,000 or less
$110 on estates worth more than $10,000, up to $25,000
$215 on estates worth more than $25,000, up to $125,000
$325 on estates worth more than $125,000, up to $250,000
$435 on estates worth more than $250,000
Nova Scotia
$85.60 on estates worth $10,000 or less
$215.20 on estates worth more than $10,000, up to $25,000
$358.15 on estates worth more than $25,000, up to $50,000
$1,002.65 on estates worth more than $50,000, up to $100,000
$1,002.65 plus 1.695 per cent ($16.95 per $1,000 or part thereof) of estate value in excess of $100,000
Nunavut
$25 on estates worth $10,000 or less
$100 on estates worth over $10,000, up to $25,000
$200 on estates worth over $25,000, up to $125,000
$300 on estates worth over $125,000, up to $250,000
$400 on estates worth over $250,000
Ontario
$0 on estates worth $50,000 or less
1.5 per cent ($15 per $1,000 or portion thereof) of estate value in excess of $50,000
Prince Edward Island
$50 on estates worth $10,000 or less
$100 on estates worth over $10,000, up to $25,000
$200 on estates worth over $25,000, up to $50,000
$400 on estates worth over $50,000, up to $100,000
$400 plus 0.4 per cent ($4 per $1,000 or part thereof) of estate value in excess of $100,000
Quebec
No probate fee per se, but a filing fee of $202 applies for the verification of wills
Saskatchewan
0.7 per cent ($7 per $1,000 or part thereof in estate value)
Yukon
No probate fee, but a filing fee of $140 is levied on estates worth more than $25,000; a lesser fee may be applied to estates of lesser value.
Photo: iStock/BartekSzewczyk.
