Probate Fees in New Brunswick
New Brunswick probate fees are set under the Probate Court Act and Probate Rules. The structure — a flat 0.5% of gross estate value above $20,000 — sits toward the lower-fee end of the Canadian range. This guide covers the framework, the worked figures, how to find current rates, and New Brunswick-specific considerations.
Legal framework
Governing legislation:
- Probate Court Act (P-17.1) — substantive provisions including the Schedule A fee schedule[1]
- Probate Rules (NB Reg 84-9) — procedural rules for Probate Court[2]
The Probate Court is administered through New Brunswick's eight judicial districts. Documents are filed with the Clerk of the Probate Court in the appropriate district.[4]
Fee structure
New Brunswick probate fees are set out in Schedule A to the Probate Court Act.[1] The schedule has two parts: a small flat fee for modest estates, and a flat percentage rate above that.
| Gross estate value | Probate fee |
|---|---|
| $5,000 or less | $25 |
| Over $5,000 to $10,000 | $50 |
| Over $10,000 to $15,000 | $75 |
| Over $15,000 to $20,000 | $100 |
| Over $20,000 | $5 per $1,000 (or part of $1,000) of the gross value — 0.5% |
The over-$20,000 rate applies to the entire gross estate value, not just the portion above $20,000 — the flat-fee bands below $20,000 exist so the fee stays continuous at that threshold ($20,000 x 0.5% = $100, matching the top flat-fee band).[3]
Three worked examples:
| Gross estate value | Probate fee |
|---|---|
| $250,000 | ~$1,250 |
| $500,000 | ~$2,500 |
| $1,000,000 | ~$5,000 |
For current exact rates, since fee schedules can be amended, check:
- Probate Court Act, P-17.1 directly
- Court Fees — Probate page on the New Brunswick government site
- Direct contact with the Clerk of the Probate Court in your judicial district
How New Brunswick compares to other provinces
| Province | Approximate probate fees on $500K estate |
|---|---|
| Manitoba | $0 (abolished 2020) |
| Alberta | $525 (capped) |
| Saskatchewan | ~$3,500 |
| New Brunswick | ~$2,500 |
| Nova Scotia | ~$7,780 |
| BC | ~$6,650 |
| Ontario | ~$6,750 |
New Brunswick sits toward the low-fee end of the Canadian range — its flat 0.5% rate is well below Ontario's or BC's 1.4%-to-1.5% rates, and closer to Alberta and Saskatchewan than to the higher-fee provinces.
The eight judicial districts
New Brunswick has eight judicial districts for probate purposes.[4] Filing is in the district where the deceased was residing.
The eight districts:
- Saint John
- Moncton
- Fredericton
- Bathurst
- Edmundston
- Miramichi
- Woodstock
- Campbellton
The Probate Court Clerk in each district handles probate applications and processing.
Solicitor fees
New Brunswick's Probate Court Act includes a fee schedule for solicitor services incidental to estate administration, up to and including the first passing of accounts.
Key features:
- Fee scale for "estates of average complexity"
- Court has discretion to increase or decrease
- For estates over $300,000, additional fees may be allowed at Court discretion
- Specific to circumstances
This is the only Canadian province with a court-supervised solicitor fee schedule for estate administration; specific to circumstances.
What's typically included vs additional
Probate fees cover:
- Court fees for granting probate
- Administrative fees per Probate Court Act
Additional estate administration costs:
- Lawyer fees (per the solicitor fee schedule, plus any approved increases)
- Executor compensation (typically 1-5% of estate plus reasonable ongoing fee)
- Appraisal fees
- Accounting fees (final tax return, clearance certificate)
- Advertising for creditors (specific provincial requirement)
- Specific other costs
What gets included in fee calculation
Probate fees generally calculated on probate assets — those flowing through the estate.
Typically included:
- Solely-owned bank and investment accounts
- Real estate solely owned in deceased's name
- Personal property
- Solely-owned vehicles
Typically excluded:
- Joint accounts with right of survivorship
- RRSP/RRIF/TFSA with designated beneficiary
- Life insurance with designated beneficiary
- Real estate held in joint tenancy
Small estate procedures
New Brunswick has provisions for simplified administration of smaller or simpler estates. Specific thresholds and procedures under the Probate Court Act and Rules.
For estates below specific thresholds, simplified processes may be available. Contact the Clerk of the Probate Court in your judicial district for specifics.
Probate-avoidance considerations
For substantial New Brunswick estates, probate-avoidance strategies may be worth considering:
- Joint ownership with right of survivorship — passes outside probate
- Designated beneficiaries on RRSP, TFSA, life insurance — passes outside probate
- Specific trust structures — for substantial estates
Specific to circumstances; lawyer consultation appropriate.
Timing
New Brunswick probate typically processes in 4-12 weeks depending on judicial district and complexity. Specific to circumstances.
Filing process
- Locate Will (if any) and confirm executor role
- Identify the appropriate judicial district
- Prepare probate application documents
- File with Clerk of the Probate Court in that district
- Pay applicable probate fees
- Court processes (typically 4-12 weeks)
- Receive Grant of Probate (or Letters of Administration if no Will)
- Proceed with estate administration
What we focus on at It's Simple Will
The Will Creator produces New Brunswick Wills. Probate fee planning isn't a built-in calculator but understanding the structure helps with overall estate planning.
Related guides
Citations & sources
- [1]Probate Court Act, P-17.1 (New Brunswick) — Government of New Brunswick
- [2]Probate Rules, NB Reg 84-9 — Government of New Brunswick / CanLII
- [3]Court Fees — Probate (Government of New Brunswick) — Government of New Brunswick
- [4]New Brunswick Probate Court — Government of New Brunswick
Frequently asked questions
How much are New Brunswick probate fees?
New Brunswick charges a small flat fee for estates of $20,000 or less — $25 up to $5,000; $50 up to $10,000; $75 up to $15,000; $100 up to $20,000 — and $5 for every $1,000 (or part of $1,000) of the gross estate value, a flat 0.5%, for estates over $20,000. On that basis, a $250,000 estate pays roughly $1,250; a $500,000 estate roughly $2,500; a $1,000,000 estate roughly $5,000. The schedule is set out in Schedule A to the Probate Court Act — confirm the current rate with the Clerk of the Probate Court before filing, since fee schedules can be amended.
What governs New Brunswick probate fees?
Probate Court Act (P-17.1) and Probate Rules (NB Reg 84-9). Specific to New Brunswick Probate Court procedures. The fee schedule is in Schedule A to the Probate Court Act.
How does New Brunswick compare to other provinces?
New Brunswick's flat 0.5% rate is meaningfully lower than Ontario's or BC's 1.4%-to-1.5% rates, putting it closer to Alberta and Saskatchewan than to the high-fee provinces. On a $500,000 estate, New Brunswick's roughly $2,500 compares to roughly $6,650 in BC and $6,750 in Ontario.
Where do I file probate documents in New Brunswick?
With the Clerk of the Probate Court in the appropriate judicial district. New Brunswick has eight judicial districts. Filing is in the district where the deceased was residing.
Are there small estate procedures?
New Brunswick has specific procedures for smaller or simpler estates. Specific thresholds and procedures under the Probate Court Act. Contact the local Clerk of the Probate Court for specifics.
What about lawyer fees on top?
Solicitor fees on top of probate fees apply for estates of average complexity. New Brunswick has a fee schedule for solicitor services incidental to estate administration, with discretion for increase or decrease based on circumstances. For estates over $300,000, additional fees may be allowed at Court discretion.