Probate is the legal process by which a will is validated by a court and an executor is given official authority to administer an estate. It's one of the most misunderstood parts of Canadian estate planning — and one of the most avoidable costs. This guide explains exactly what probate is, how much it costs in each province, and what you can do before death to minimize or eliminate it.
When you die with assets in your sole name, the financial institutions holding those assets need proof that your executor has legal authority to deal with them. That proof comes from a probate certificate (called a Certificate of Appointment in Ontario, Probate Grant in BC, etc.).
Banks, brokerages, and land registries typically require probate before they will:
Not all assets go through probate. Assets with named beneficiaries, jointly owned assets with survivorship, and assets held in trust pass outside the estate and require no probate.
While the details vary by province, the general process is:
Timeline varies: In some provinces like Alberta with a simple estate, the process can take 4-8 weeks. In Ontario, where the courts are busier, it can take 3-6 months. Complex estates with disputes can take years.
Ontario has among the highest probate fees in Canada: 0.5% on the first $50,000 and approximately 1.5% on assets over $50,000. For a $1 million estate, fees are approximately $13,250. For a $2 million estate, approximately $28,250. These are significant costs, and Ontario residents have a strong incentive to plan to minimize them.
BC charges no fee on the first $25,000. Then 0.6% on amounts from $25,000 to $50,000, and approximately 1.4% on amounts over $50,000. For a $1 million estate: approximately $13,150.
Alberta is dramatically different. Probate fees in Alberta are capped at a maximum of $525 — regardless of estate size. A $10 million Alberta estate pays the same $525 in probate fees. This makes asset transfer out of Alberta much less costly.
In Quebec, a will signed before a notary (a notarial will) does not require probate at all. It's automatically authentic. This is one of the key reasons notarial wills are the standard in Quebec. A holograph or witnessed will made in Quebec does require probate (called "probation of a will").
Manitoba, New Brunswick, Nova Scotia, PEI, Saskatchewan, and Newfoundland all have probate fees, generally graduated based on estate value but typically lower than Ontario and BC. Saskatchewan caps fees around $7,000. Nova Scotia's fees can be over $7,000 for large estates.
For residents of high-fee provinces (especially Ontario and BC), these strategies can save thousands:
This is the simplest and most important step. RRSPs, RRIFs, TFSAs, and life insurance with named beneficiaries pass directly to those beneficiaries — no probate, no delay, no fees. Review your designations annually and after any major life change. An outdated designation (naming an ex-spouse, or a beneficiary who died before you) can cause enormous problems.
Jointly owned property with right of survivorship passes to the surviving joint owner automatically upon death, outside the estate and without probate. This is commonly used for the matrimonial home and joint bank accounts between spouses.
Caution: adding an adult child as a joint owner of property has serious implications — it may trigger capital gains tax, create vulnerability to the child's creditors or divorce, and can cause family conflict. Get legal and tax advice before doing this.
Assets transferred to a trust during your lifetime are no longer part of your estate and don't go through probate. This is a powerful strategy for large estates in Ontario or BC. Costs include legal fees to set up the trust and potentially some ongoing administration, but for estates over $500,000 in a high-fee province, the probate savings often far exceed the setup costs.
Ontario allows the use of multiple wills — a primary will covering assets that require probate (real estate, non-registered investments) and a secondary will for assets that don't require probate (private company shares, personal property, certain business interests). Only the primary will is submitted for probate, reducing the value on which fees are calculated.
In provinces where it's permitted, naming your spouse as a "successor holder" on your TFSA is better than naming them as a beneficiary. A successor holder takes over the TFSA account (and its room) directly. A beneficiary receives the funds but they're treated as non-registered money in the recipient's hands. The successor holder approach preserves the tax-free status of the account.
Probate legitimizes your will and gives your executor authority. But it doesn't:
Probate planning is an area where a good estate lawyer pays for themselves many times over in a high-fee province. A one-time consultation to restructure how you hold assets — adding beneficiary designations, reviewing joint ownership, possibly setting up a trust — can save your estate tens of thousands of dollars.
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