Probate in Canada.
What it is. What it costs.
A Will says who gets what. Probate is the court process that confirms the Will is valid — and what banks and institutions usually require before they release assets.
Competitors help you create documents. iFinallyWill helps your family navigate what happens next.
What probate actually is.
Probate is the court process that confirms a Will is valid and officially recognizes who has the legal authority to administer an estate.
In Ontario, this authority is granted through a court-issued Estate Certificate. Other provinces use different names, but the purpose is the same: to confirm who can act on behalf of the estate.
Banks need certainty. Probate provides it.
Banks and financial institutions aren't equipped to verify whether a Will is the most recent version, or whether it's been challenged.
An executor presents a Will at the bank. The next day, someone else arrives with a newer Will naming a different executor. The bank has no way to know which document is valid. Probate resolves that uncertainty by providing court confirmation.
Not always — but many estates do.
Probate is commonly required when assets are owned solely by the deceased, or when an institution's internal policies require court confirmation.
⚠️ Assets that often require probate
- Real estate held in one name
- Non-registered investment accounts
- Bank accounts above institutional thresholds
✓ Assets that often bypass probate
- Joint assets with right of survivorship
- Life insurance with named beneficiaries
- Registered accounts (RRSP, RRIF, TFSA) with named beneficiaries
Even when probate can be avoided, institutions may still request additional documentation. Don't assume "no probate" means "no paperwork."
How probate fees are calculated.
Ontario charges Estate Administration Tax (commonly called probate fees) on the value of estate assets that pass through the Will.
Ontario Estate Administration Tax
A $250,000 probate estate would result in approximately $3,000 in Estate Administration Tax.
Other provinces use different formulas. BC has the highest probate fees nationally; Alberta is flat and one of the lowest; Quebec doesn't charge probate fees for notarial wills.
How to reduce probate fees.
The right documents, set up properly, can reduce or eliminate probate on specific assets.
Keep beneficiary designations current
RRSPs, TFSAs, life insurance, and pensions transfer outside the Will — but only if your beneficiary designations are up to date.
Use joint ownership carefully
Joint ownership with right of survivorship can bypass probate — but it's not a shortcut. Adding a child to title can create unintended tax and creditor exposure.
For business owners, consider a Secondary Will
Ontario allows a Secondary Will to cover private company shares, partnership interests, and other assets that don't require probate. This can save thousands in EAT.
Address incapacity planning alongside death planning
Powers of Attorney for Property and Health don't reduce probate fees directly, but they prevent the court-appointed guardianship process that creates parallel costs.
Important: Choosing not to have a Will does not avoid probate. Estates without a Will often still require court involvement — and usually more complexity, more delay, and more cost.
How long does probate take?
Timelines vary by province and court backlog. Even simple estates often take months. Contested estates can take significantly longer.
The single biggest accelerator your family has: a clear Will, the right executor, updated beneficiary designations, and proper Powers of Attorney. These reduce stress, delays, and unnecessary cost for the people you leave behind.
Probate is only one risk.
Most people fixate on probate fees — but it's just one of five things that can quietly derail an estate. The others cost families far more.
Probate
Court fees and delays before assets can be released.
Taxes
Capital gains and final-return surprises that erode the estate.
Executor burden
Months of paperwork falling on someone while they grieve.
Liquidity gaps
Bills due now, but the money is locked or illiquid.
Missing records
Accounts and assets no one knew existed — lost for good.
See all five risks in your own estate.
Your Last Treasure Map™ maps every account, tax exposure and liquidity gap in one place — so your family faces none of these by surprise.
Build my Last Treasure Map →Plan ahead. Save your family time and money.
iFinallyWill makes it simple to create documents designed to minimize probate complexity — including Secondary Wills where they're available. Start free. Review everything. Pay only when you're ready to finalize.
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