Probate in Canada — Complete Guide

Probate is the court process every Canadian executor needs to understand. For most estates, it determines what gets distributed, how quickly, and at what cost. Probate fees alone vary by a factor of 100 across provinces — an estate that pays $525 in Alberta might pay $15,000 in Ontario or BC. The process itself runs from a few weeks for clean estates to years for contested ones.

This guide covers the full Canadian probate landscape — what probate is, when it's required, how to apply, what it costs by province, and how long it takes.

What probate actually does #

Probate accomplishes two things:

Validates the will. The court reviews the will for proper execution (signed, witnessed, in the correct form) and confirms it as the legal last will. Once probated, the will is the definitive instruction for asset distribution.

Appoints the executor. The court issues a grant (Certificate of Appointment of Estate Trustee in Ontario, Grant of Probate in BC, similar in other provinces) confirming the executor's legal authority. This grant is what financial institutions, land registries, and other third parties require before transferring assets to the estate.

Without probate, executors cannot generally complete major asset transfers. The grant is the operational key that unlocks the estate administration.

When probate is required #

Probate is typically required for:

• Real estate held in the deceased's sole name (for transfer or sale)
• Bank accounts above the bank's small-balance threshold (typically $25,000-$50,000)
• Brokerage and investment accounts (almost always)
• Vehicles registered in the deceased's sole name (in some provinces)
• Insurance benefits paid to the estate (rather than to a named beneficiary)
• Court proceedings involving estate assets

Probate is typically not required for:

• Assets held in joint tenancy with right of survivorship (passes to surviving joint holder)
• Registered accounts with named beneficiaries (RRSP, RRIF, TFSA, life insurance) — pass directly to beneficiary
• Assets held in a trust (continue under the trust)
• Very small estates (varies by province; some provinces have small-estate procedures)
• Funeral expense releases (most banks release a limited amount on funeral invoice)

Probate fees by province #

Provincial probate fee schedules (subject to change; verify current rates before applying):

Ontario. Estate Administration Tax. Roughly $0 on the first $50,000, then $15 per $1,000 above $50,000. No cap. A $1M estate pays approximately $14,250.^[1]

British Columbia. Probate fee. Roughly $0 on the first $25,000, then $6 per $1,000 on the next $25,000, then $14 per $1,000 above $50,000. A $1M estate pays approximately $13,450.^[2]

Alberta. Surrogate court fees. Tiered schedule capped at $525 regardless of estate size. A $1M estate pays $525.^[3]

Saskatchewan. Probate fee approximately $7 per $1,000 of estate value (no cap). A $1M estate pays approximately $7,000.

Manitoba. Manitoba abolished its probate fees in November 2020 — a $1M estate pays $0 in probate charges (court filing fees may still apply).

Nova Scotia. Probate fee. Tiered schedule reaching $16.95 per $1,000 above $100,000. A $1M estate pays approximately $16,200.

New Brunswick. Probate fee approximately $5 per $1,000. A $1M estate pays approximately $5,000.

Newfoundland and Labrador. Probate fee approximately $0.60 per $100 ($6 per $1,000). A $1M estate pays approximately $6,000.

Prince Edward Island. Probate fee tiered. A $1M estate pays approximately $4,000.

Holograph wills and English-form wills require court verification but at modest cost.

Yukon, Northwest Territories, Nunavut. Each has its own fee schedule; generally modest compared to Ontario and BC.

For real-time probate fee calculation, see our probate fee calculator.

The probate application #

The executor's application typically includes:

• Original signed will (and any codicils)
• Death certificate (certified copy)
• Application form specific to the province
• List of estate assets and their values (the inventory)
• List of estate debts and liabilities
• Affidavit from the executor swearing to the application's accuracy
• Payment of probate fee
• Notice to beneficiaries (some provinces require evidence that beneficiaries have been notified)
• Other province-specific documents

The application can be prepared by the executor directly or with assistance from a lawyer or notary. Complex estates almost always benefit from legal assistance; simple estates can often be handled directly.^[4]

Timelines #

Typical timelines from application filing to grant:

• Straightforward, uncontested: 4 to 16 weeks depending on province and court backlog
• Routine with minor issues: 16 to 26 weeks
• Contested or complex: 6 months to several years

Some provinces have backlog issues that significantly extend timelines. Court closures or processing changes can shift these substantially. Confirm current expected timelines with the provincial court before relying on any specific estimate.

Probate avoidance — strategies and tradeoffs #

Several estate planning strategies reduce the value of assets that pass through probate:

Joint tenancy with right of survivorship. Real estate or accounts held jointly pass directly to the survivor. But — Pecore presumption applies to parent–adult child joint accounts, creating dispute risk. See our Pecore explained article.

Named beneficiary designations. RRSP, RRIF, TFSA, and life insurance with named beneficiaries pass directly outside probate. But — beneficiary designations don't address all assets, and they can create imbalances if not coordinated with the will.

Multiple wills. Some provinces (notably Ontario) recognize multiple wills for different asset categories. Common structure: one will for assets that need probate (real estate, bank accounts), another will for shares of privately-held companies. Only the probated will pays probate fees on its assets.

Trusts. Assets held in a trust during the deceased's lifetime continue under the trust at death, outside the estate. Setup costs and ongoing tax considerations apply.

Joint partner trusts (for couples 65+). A specific Canadian trust structure that allows asset transfer to the trust during lifetime with rollover treatment, then continued use during both partners' lifetimes, with eventual distribution outside the estate.

Each strategy has implications beyond probate avoidance — tax, control, family dynamics. None should be implemented without considering the full picture.

After probate is granted #

Once the grant is received, the executor:

• Provides certified copies to financial institutions, land registry, and other holders of estate assets
• Closes the deceased's accounts and transfers funds to the estate account
• Pays debts in statutory priority order
• Files the terminal tax return
• Obtains the CRA clearance certificate
• Distributes assets to beneficiaries
• Files a final passing of accounts (formal or informal)
• Closes the estate

The full estate administration typically takes 12 to 24 months from death even for clean estates.

What we focus on at It's Simple Will #

The will questionnaire in It's Simple Will generates a will optimized for clean probate. The Life Discovery Kit gives the executor day-one visibility into asset categories, beneficiary designations, and probate exposure. Our probate fee calculator estimates the fee for any Canadian estate by province and value.

See our companion guides: what does an executor do in Canada, what is probate in Canada, handling a loved one's finances after death, and Pecore v. Pecore explained.