What is probate?

Probate in one paragraph

When someone dies, the person named in their will to handle the estate, the executor, often needs proof of their authority before banks, investment firms or land registries will deal with them. Probate is how a court provides that proof: it confirms the will is valid and formally appoints the executor. The name of the document differs by province. In Ontario, for example, it's called a Certificate of Appointment of Estate Trustee.

Does every estate need probate?

No. Whether probate is needed depends mostly on what the person owned and how they owned it, and on what the institutions holding those assets require.

• Often needed: real estate in the deceased person's name alone, and larger bank or investment accounts held in their name alone.
• Often not needed: assets with a named beneficiary, such as life insurance and, in most provinces, registered plans like RRSPs, RRIFs and TFSAs; and property owned jointly with right of survivorship, which usually passes directly to the surviving owner.
• Small estates: some institutions release modest amounts without probate, and some provinces have simpler procedures for small estates.

In Québec, the question works differently. A notarial will doesn't need to be verified at all. A holograph will or a will made before witnesses must be verified (probated) by the Superior Court or a notary before it can be acted on.

How probate fees work

Most provinces and territories charge a fee when the court issues a grant, based on the value of the estate. It's paid by the estate, not by the executor or the beneficiaries personally. The differences are large:

• No value-based fee: Manitoba (eliminated in November 2020) and Québec.
• Small flat fees: Alberta (up to $525), Yukon ($140 above $25,000), the Northwest Territories (up to $435) and Nunavut (up to $425).
• Percentage-based fees: Ontario ($15 per $1,000 above $50,000), British Columbia (up to $14 per $1,000), Nova Scotia ($16.95 per $1,000 above $100,000), New Brunswick ($15 per $1,000 above $100,000 since June 12, 2026), Saskatchewan, Prince Edward Island and Newfoundland and Labrador.

Some provinces charge the fee on the estate's gross value, before debts; Alberta and the territories use a net value. To estimate the fee for a particular estate, use our probate fee calculator, which lists the official source for every province and territory.

The probate process, step by step

1. Find the original will. Courts generally need the signed original, not a copy.
2. List the assets and debts and estimate their value at the date of death.
3. Prepare the application using your province's court forms, often with sworn statements from the executor and, sometimes, from a witness to the will.
4. Notify the people entitled to notice, such as beneficiaries, as the province's rules require.
5. File the application and pay the fee at the court registry.
6. Receive the grant, then use it to collect assets, pay debts and taxes, and distribute the estate.

How long does it take?

It varies with the court's workload and the estate. A simple, uncontested application often takes weeks to a few months. Settling the whole estate takes longer: the executor also has to pay debts, file the final tax returns and, often, wait for a clearance certificate from the Canada Revenue Agency before making the final distribution.

Can you reduce probate fees?

Sometimes. Common approaches include naming beneficiaries on registered plans and insurance, owning some property jointly, and, in some provinces, using more than one will. Each has trade-offs: joint ownership can expose an asset to the other owner's creditors or family disputes, and it can create tax consequences. In a province with low or no fees, the effort may not be worth it. Get professional advice before changing how you own your assets.