Probate

Probate is the court process that confirms a will is valid and gives the executor legal authority to distribute the deceased person’s assets. In Canada, probate is handled at the provincial level, and the fees (often called estate administration tax) vary by province.

How probate fees work

Each province sets its own probate fee structure. In Ontario, the fee is roughly 1.5% on estate assets over $50,000. In British Columbia, it’s about 1.4% on assets over $50,000. Alberta has a flat maximum of $525. Quebec doesn’t charge probate fees for notarial wills. The fees are calculated based on the total value of assets that flow through the estate.

What goes through probate

Assets held in your name at the time of death generally go through probate. This includes bank accounts, non-registered investment accounts, and property held solely in your name.

Assets that bypass probate include anything with a named beneficiary designation (like a TFSA, RRSP, or RRIF with a beneficiary), jointly held property with a right of survivorship, and life insurance payouts.

Why it matters

Probate itself isn’t something to fear, but it adds time and cost to settling an estate. Understanding which assets go through probate and which don’t helps with basic estate planning. Naming beneficiaries on your registered accounts is one of the simplest steps you can take to make things easier for the people you leave behind.

A concrete example

Say someone in Ontario passes away with $400,000 in a non-registered investment account and $250,000 in an RRSP with a named beneficiary. The RRSP bypasses probate entirely, so no fee applies to it. The $400,000 investment account goes through probate, and Ontario’s fee is roughly 1.5% on assets over $50,000. That works out to about $5,250 in probate fees on just that one account.