Probate Fees Across Canada: A Province-by-Province Comparison
What an estate pays to be probated depends almost entirely on where the deceased lived. Some provinces charge a small flat fee; others scale the cost with the size of the estate. Dale Barrett's guide “Wills, POAs & Estate Planning for Canadians” sets out the procedures and fee structures province by province; this article summarises them. Fees and rules change — always confirm the current figures with the court or a lawyer in your jurisdiction. This is general information, not legal advice.
What are probate fees and why do they vary so much?
Probate fees (sometimes called estate administration tax) are what the court charges to confirm a will and an executor's authority. They are usually based on the value of the estate that passes through probate.
Because each province sets its own rules, the same estate can cost very different amounts depending on the province. Some use a flat fee regardless of size; others apply a percentage or a per-thousand-dollar rate that climbs with the estate's value.
How do the Western provinces compare?
British Columbia files with the BC Supreme Court using forms such as the Submission for Estate Grant. As summarised in the book, BC charges roughly $6 per $1,000 on the portion of the estate between $25,000 and $50,000, and about $14 per $1,000 above $50,000.
Alberta stands out for using a flat fee scaled to estate value rather than a percentage, which keeps costs low on large estates. Saskatchewan, by contrast, uses a percentage of the total estate value, and Manitoba historically used a per-thousand rate (Manitoba has since changed its approach, so confirm the current rule).
- British Columbia — ~$6 per $1,000 from $25,000–$50,000; ~$14 per $1,000 above $50,000.
- Alberta — a flat fee by estate size (notably low for large estates).
- Saskatchewan — roughly 0.7% of the total estate value.
- Manitoba — historically a per-thousand fee; confirm the current rule.
What about Ontario and Quebec?
Ontario charges estate administration tax through the Superior Court of Justice and requires a Certificate of Appointment of Estate Trustee plus an Estate Information Return. The book summarises the rate as roughly $5 per $1,000 on the first $50,000 and about $15 per $1,000 thereafter.
Quebec is the outlier: as the book notes, a notarial will generally does not require probate at all. Holograph wills or wills made before witnesses may need to be verified by the Superior Court, with court and notary fees rather than a probate tax.
- Ontario — ~$5 per $1,000 on the first $50,000; ~$15 per $1,000 above that.
- Quebec — no probate fee for notarial wills; verification fees may apply to others.
How do the Atlantic provinces and territories compare?
Costs in Atlantic Canada vary by province. Drawing on the book's overview, New Brunswick charges about $5 per $1,000 of estate value, Nova Scotia uses a higher per-thousand rate, Prince Edward Island applies a percentage of estate value, and Newfoundland and Labrador combines a base fee with a per-thousand charge above a threshold.
The territories — Yukon, the Northwest Territories, and Nunavut — generally apply low flat fees, though the exact amounts vary. Each jurisdiction also has its own required forms, so check locally before filing.
- New Brunswick — about $5 per $1,000 of estate value.
- Nova Scotia — a higher per-thousand rate on assessed value.
- Prince Edward Island — roughly 0.4% of estate value.
- Newfoundland and Labrador — a base fee plus a per-thousand charge above a threshold.
- Yukon, NWT, Nunavut — generally low flat fees (amounts vary).
Can you reduce probate fees?
Because fees track the value passing through probate, planning that moves assets outside the estate can reduce them. Common tools include naming beneficiaries on life insurance and registered accounts, holding property in joint tenancy, and — in some cases — trusts or a separate will for certain assets.
Each of these has trade-offs and tax consequences, and aggressive probate-avoidance can backfire. The book repeatedly recommends professional advice before restructuring ownership purely to save fees. Treat the figures here as a starting point and confirm current rates for your province.
Frequently asked questions
- Which province has the lowest probate fees?
- Alberta is often cited as low-cost because it charges a flat fee scaled to estate size rather than a percentage, so very large estates pay relatively little. Quebec charges no probate fee for notarial wills. Always confirm current figures.
- Does Quebec have probate fees?
- Generally not for a notarial will, which does not usually require probate. Holograph wills or wills made before witnesses may need court verification, which carries court and notary fees rather than a probate tax.
- Are probate fees the same as income tax on an estate?
- No. Probate fees are charged by the court to confirm the will and the executor’s authority. They are separate from any income or capital gains tax owing on the deceased’s final return, such as the deemed disposition at death.
- How can I reduce probate fees legally?
- Assets that pass outside the estate — through beneficiary designations, joint ownership, or certain trusts — generally avoid probate fees. These strategies have tax and legal trade-offs, so get professional advice before using them.
- Are the fees in this article current?
- Treat them as an illustrative summary drawn from the book, not live figures. Provinces update their rules and rates, so confirm the current amount with the relevant court or an estate lawyer before you file.