Probate Fees in Nova Scotia
Nova Scotia probate fees are set under section 87(2) of the Probate Act — a tiered schedule that produces one of the higher total fees in Canada for estates above roughly $250,000, because the rate above $100,000 has no upper cap. This guide covers the exact schedule, worked examples, and how Nova Scotia stacks up against the rest of Canada.
Nova Scotia probate fee framework
Probate fees in Nova Scotia are set under:
- Probate Act, s. 87(2) (Chapter 31 of the Acts of 2000) — sets the actual dollar fee schedule
- Probate Court Practice, Procedure and Forms Regulations (NS Reg 119/2001) — governs Probate Court application procedure
The current schedule under s. 87(2):[1][2]
| Estate value | Probate fee |
|---|---|
| $10,000 or less | $85.60 |
| $10,001 to $25,000 | $215.20 |
| $25,001 to $50,000 | $358.15 |
| $50,001 to $100,000 | $1,002.65 |
| Over $100,000 | $1,002.65 + $16.95 per $1,000 (or portion) of the excess (~1.695%) |
A few worked examples:
| Gross probate-base estate | Nova Scotia probate fee |
|---|---|
| $50,000 | $358.15 |
| $100,000 | $1,002.65 |
| $250,000 | ~$3,545 |
| $500,000 | ~$7,783 |
| $1,000,000 | ~$16,258 |
| $2,000,000 | ~$33,208 |
The pattern above $100,000 is $1,002.65 + 1.695% of (estate value minus $100,000). Unlike Ontario's Estate Administration Tax, Nova Scotia's schedule has no upper cap and no separate exemption threshold — the flat fees below $100,000 function as the "exemption," and every dollar above $100,000 is charged at the marginal rate.
Because the underlying regulation sets exact dollar amounts rather than a pure percentage, the fee schedule can be updated by legislative amendment. Executors working with a large or unusual estate should confirm the current schedule with the Probate Court before filing.
How Nova Scotia compares to other provinces
| Province | Approximate probate fees on $500K estate |
|---|---|
| Manitoba | $0 (abolished 2020) |
| Alberta | $525 (capped) |
| Saskatchewan | ~$3,500 |
| Newfoundland and Labrador | ~$3,054 |
| Prince Edward Island | ~$2,000 |
| BC | ~$6,450 |
| Ontario | $6,750 |
| Nova Scotia | ~$7,783 |
Nova Scotia is at the higher end of the Canadian range — above Ontario and BC on a $500,000 estate, and the gap widens further at higher estate values because Nova Scotia's rate has no cap.
What's included vs additional costs
Probate fees cover:
- Court fees for granting probate
- Administrative fees per Probate Act s. 87(2)
Additional estate administration costs:
- Lawyer fees (Nova Scotia estate lawyer; typical $2,500-5,000+ for moderate estate)
- Executor compensation (typically 1-5% of estate plus reasonable ongoing fee)
- Appraisal fees (for real estate, business interests, valuable personal property)
- Accounting fees (final tax return, clearance certificate)
- Advertising for creditors (specific provincial procedural requirement)
- Specific other costs
What gets included in the probate fee calculation
Generally probate fees are calculated on Part 1 assets — those that flow through the estate and require probate.
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
This means probate fees are calculated on probate assets, not full estate value.
Small estate procedures
Nova Scotia has a narrower simplified mechanism than some provinces' small-estate court processes: the Public Trustee may elect to administer certain estates valued at or under approximately $25,000 where no one has yet taken out letters of administration. This is a question of who administers the estate, not a reduced probate fee — the s. 87(2) fee schedule above still applies based on the estate's value. Contact the Probate Court or the Public Trustee's office for specifics applicable to your estate.
Nova Scotia Probate Court
Probate matters in Nova Scotia are administered through the Probate Court — a division of the Supreme Court of Nova Scotia. Multiple court locations across the province.
The Probate Court handles:
- Grants of probate (with Will)
- Grants of administration (without Will)
- Estate accounting and supervision
- Specific contested probate matters
Probate-avoidance considerations
For Nova Scotia estates, probate-avoidance strategies may be worth considering for substantial estates:
- Joint ownership with right of survivorship — passes outside probate (specific tax and legal implications)
- Designated beneficiaries on RRSP, TFSA, life insurance — passes outside probate (and outside the Will)
- Specific trust structures — for substantial estates
Specific to circumstances; lawyer consultation appropriate for substantial Nova Scotia estates.
Timing
Nova Scotia probate typically processes in 4-12 weeks depending on registry workload and complexity. Specific to circumstances.
Practical advice
For executors:
- Identify which assets are subject to probate (Part 1 assets)
- Calculate approximate fees using the current Probate Act s. 87(2) rates
- Ensure estate has sufficient liquid assets to pay probate fees at application
- Apply for probate through Nova Scotia Probate Court
- Allow 4-12 weeks for processing
For testators:
- Understand that probate fees are part of estate cost
- Consider whether probate-avoidance strategies fit your situation
- Discuss with Nova Scotia estate lawyer for substantial estates
What we focus on at It's Simple Will
The Will Creator produces Nova Scotia 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 Act, SNS 2000, c 31, s. 87(2) — Nova Scotia fee schedule — Nova Scotia Legislature
- [2]TaxTips.ca — Nova Scotia probate fees — TaxTips.ca
- [3]Nova Scotia Probate Court — Courts of Nova Scotia
- [4]Costs & Fees — Courts of Nova Scotia — Courts of Nova Scotia
- [5]Probate Court Practice, Procedure and Forms Regulations — Government of Nova Scotia
Frequently asked questions
How much are Nova Scotia probate fees?
Nova Scotia charges a tiered fee under Probate Act s.87(2): $85.60 (estates to $10,000), $215.20 (to $25,000), $358.15 (to $50,000), $1,002.65 (to $100,000), and above $100,000, $1,002.65 plus $16.95 per $1,000 (or portion) of the excess. A $250,000 estate pays about $3,545; a $500,000 estate pays about $7,783; a $1,000,000 estate pays about $16,258.
What governs Nova Scotia probate fees?
Section 87(2) of the Probate Act (Chapter 31 of the Acts of 2000) sets the fee schedule itself; the Probate Court Practice, Procedure and Forms Regulations (NS Reg 119/2001) govern the application procedure. Both are administered through the Probate Court, a division of the Supreme Court of Nova Scotia.
Are there other costs beyond probate fees?
Yes — lawyer fees, executor compensation, appraisal fees, accounting for the final tax return, and advertising for creditors are all separate from the probate fee itself. Probate fees are one component of total estate administration cost.
How does Nova Scotia compare to other provinces?
Nova Scotia is among the higher-fee provinces once an estate passes $100,000, since its ~1.695% marginal rate has no upper cap — higher than Ontario's 1.5% above $50,000 and well above Alberta's $525 cap or Manitoba's abolished fee. On a $1,000,000 estate, Nova Scotia's fee (~$16,258) runs above Ontario's (~$14,250) and British Columbia's (~$13,650).
Does Nova Scotia have small estate procedures?
Nova Scotia has provisions that allow the Public Trustee to administer certain small estates (generally at or under $25,000) through a simplified election process where no one has taken out letters of administration. This is a different mechanism from a reduced-fee court process — the probate fee schedule itself still applies based on estate value. Contact the Probate Court or the Public Trustee's office for specifics applicable to your estate.
When are probate fees paid?
At the time of the probate application. The estate pays the fee, typically from an estate bank account opened using the death certificate and the application materials. If the estate has insufficient liquid assets at the time of application, the executor may need to advance the fee personally or arrange interim financing — consult a Nova Scotia estate lawyer for a complex liquidity situation.