Wills, Probate & Estates in Canada by Province
Probating an estate in Canada means applying to a provincial court to confirm a will (or appoint an administrator) so an executor can legally deal with a deceased person's assets, and the court or administration fee charged for that step varies enormously by province, from nothing in Manitoba to roughly 1.7% of estate value in Nova Scotia.
What probate actually is
Probate is a court process, not a tax on inheritance. When someone dies owning assets in their own name, banks, land registries, and investment firms typically will not release or transfer those assets to an executor without a court order confirming the executor's authority. That order is called probate (a Certificate of Appointment of Estate Trustee in Ontario, a Grant of Probate in most common-law provinces, or lettres de vérification / lettres d'homologation in Quebec).
The fee charged for that court process is what this cluster compares. It is calculated on the value of the estate passing through probate (not on the entire net worth of the deceased, since jointly held assets, named-beneficiary insurance and registered accounts, and property held in trust generally bypass probate). Canada abolished its federal estate tax in 1972, and no province has reinstated one. Ontario's fee is formally named the Estate Administration Tax, which causes confusion, but it is legally a court fee tied to a probate application, not a tax on what a beneficiary receives.
Probate fee comparison: a $500,000 estate, province by province
The table below applies each province's official fee formula to the same hypothetical $500,000 estate passing through probate, so the real cost difference is visible at a glance. See Probate in Canada: How It Works for the full process, and the individual province pages linked below for the exact fee schedule and current thresholds.
| Province | Fee structure | Fee on a $500,000 estate |
|---|---|---|
| Ontario | $0 on first $50,000; $15 per $1,000 (1.5%) above that | $6,750 |
| British Columbia | $0 to $25,000; $6/$1,000 on $25,000 to $50,000; $14/$1,000 above $50,000; plus $200 filing fee | $6,650 |
| Nova Scotia | Fixed brackets to $100,000, then $16.95 per $1,000 (about 1.7%) above that | $7,782.65 |
| Saskatchewan | $7 per $1,000 (0.7%) of estate value, plus $200 court filing fee | $3,700 |
| New Brunswick | Fixed brackets to $20,000, then 0.5% of the whole estate value once it exceeds $20,000 | $2,500 |
| Prince Edward Island | Fixed brackets to $100,000, then $4 per $1,000 (0.4%) above that | ≈ $2,000 |
| Alberta | Flat surrogate fee schedule, capped at $525 for estates over $250,000 | $525 |
| Quebec | No value-based fee; notarial wills need no probate, other wills need a fixed-fee verification only | $0 (notarial) or a fixed fee of roughly $110 to $220 (holograph or witnessed will) |
| Manitoba | Probate fees abolished November 6, 2020 | $0 |
Figures are calculated from each province's published fee formula as of 2026; always confirm the current figure against the official court fee schedule before relying on it, since these schedules are set by regulation and can be revised. See Ontario Probate Fees, British Columbia Probate Fees, Alberta Probate Fees, Saskatchewan Probate Fees, and Nova Scotia Probate Fees for each province's full schedule and source.
Why the spread is so wide
Three structurally different approaches explain the gap between $0 and nearly $7,800 on the same estate:
- Percentage-of-value fees (Ontario, British Columbia, Nova Scotia, Saskatchewan, New Brunswick, PEI): the fee scales directly with estate value, so a larger estate always pays more, with no ceiling in most of these provinces.
- Flat, capped fees (Alberta): the surrogate court fee schedule tops out at $525 no matter how large the estate is, since Alberta charges a filing fee rather than a percentage.
- No value-based fee at all (Manitoba, and Quebec for notarial wills): Manitoba repealed its probate charge outright in 2020, and Quebec's civil-law notarial will is an authentic act that a notary already certified before death, so no separate court probate step is required.
Wills: formal, holograph, and Quebec's three forms
A valid will names an executor, distributes property, and (ideally) names guardians for minor children. Most common-law provinces recognize two main forms: a formal will, typed or printed and signed in front of two witnesses, and a holograph will, entirely handwritten and signed by the testator with no witnesses required. Holograph wills are valid in most provinces but courts scrutinize them closely, and British Columbia does not recognize a traditional unwitnessed holograph will (though its Wills, Estates and Succession Act allows a court to cure a defective document that clearly reflects testamentary intent, and permits properly executed electronic wills).
Quebec's Civil Code recognizes three forms: the notarial will (drafted and kept by a notary, no probate needed), the holograph will, and the will made before witnesses. The latter two must be verified (vérifiés) by a court or notary after death. See Making a Will in Canada and Notarial vs. Holograph Wills for the full comparison.
Dying without a will: intestacy
When a person dies without a valid will, provincial intestate succession law decides who inherits, usually a spouse and children first, then parents, siblings, and more distant relatives if none survive. Every province sets a different preferential share a surviving spouse receives before the estate is divided with children. For example, Ontario's spousal preferential share is $350,000 (effective March 1, 2021) and British Columbia's is $300,000 if all children are also the spouse's, or $150,000 if not. Quebec's Civil Code sets its own devolution order rather than a preferential-share model. Dying intestate also means the court, rather than the deceased, effectively chooses who administers the estate, typically the closest next of kin who applies. Full detail at Dying Without a Will: Intestacy in Canada.
Power of attorney: who decides if you can't
A power of attorney (POA) is a document naming someone to act for you while you are alive, and it has no effect after death. Most provinces separate financial/property decisions from personal-care and health decisions:
- Ontario: a continuing Power of Attorney for Property, plus a separate Power of Attorney for Personal Care.
- British Columbia: a POA for financial matters, plus a Representation Agreement for health and personal care.
- Quebec: a single mandat de protection (protection mandate), which covers both financial and personal matters but must be homologated (approved) by the court or a notary before it takes legal effect, once incapacity actually begins.
When the person dies, the POA ends automatically; only the executor named in the will (or a court-appointed administrator, if there is no will) has authority from that point forward. See Power of Attorney in Canada for the province-by-province forms and safeguards.
What an executor actually does
The executor (called an estate trustee in Ontario, a liquidator in Quebec, and an administrator when there is no will) is legally responsible for:
- Locating the most recent valid will and confirming its validity.
- Applying for probate (or, in Quebec, completing the déclaration de transmission for a notarial will, or seeking verification for other forms) where required.
- Identifying, securing, and valuing the estate's assets.
- Paying the deceased's debts, final income tax return, and obtaining a clearance certificate from the Canada Revenue Agency before final distribution.
- Distributing what remains to beneficiaries under the will (or the intestacy rules) and accounting for all transactions.
Executors who skip the CRA clearance certificate step can become personally liable for unpaid taxes discovered later. Full checklist at Executor Duties in Canada.
Contesting a will
A will can be challenged on grounds such as the testator lacking mental capacity, undue influence, improper execution (missing witnesses or signatures), or a more recent will superseding it. Dependants who were left out, or left with inadequate support, may also have a separate claim for dependant's relief or variation under provincial family/wills legislation, distinct from an outright validity challenge. See Contesting a Will in Canada for the grounds, deadlines, and process by province.
Quebec estate settlement, in brief
Quebec's civil-law system diverges from every common-law province at nearly every step: the liquidateur (liquidator, Quebec's term for executor) settles the succession; a notarial will requires no probate at all; the estate's transfer of title uses a déclaration de transmission rather than a probate certificate; and searches of the RDPRM (the register of personal and movable real rights) confirm no competing claims exist against estate property. See Quebec Estate Settlement for the full process.
Start with your province
Use the Canada Probate Fee Calculator to estimate the court fee for a specific estate value in any province, then read the detailed page for that province: Ontario, British Columbia, Alberta, Saskatchewan, or Nova Scotia. For the wider legal picture across Canada, see the Canada Laws hub.
Disclaimer: This article provides general legal information about wills, probate, and estate administration in Canada and is not legal, tax, or financial advice. Probate fee formulas, thresholds, and provincial legislation change over time; confirm current figures with the official provincial court fee schedule or a licensed lawyer or notary before acting.
Frequently Asked Questions
Does Canada have an inheritance tax or estate tax?
No. Canada abolished its federal estate tax in 1972 and no province has an inheritance tax. What provinces charge instead is a probate fee, a court or administration fee tied to validating a will and appointing an executor, calculated on the value of the estate passing through probate rather than on what a beneficiary personally receives.
Which province has the lowest probate fees?
Manitoba charges no probate fee at all, having abolished it on November 6, 2020. Quebec charges nothing for a notarial will, since it does not require probate, though a holograph or witnessed will still needs a fixed-fee court or notarial verification unrelated to estate value.
Which province has the highest probate fees?
Nova Scotia has the highest marginal probate fee rate in Canada, roughly 1.7 percent on the portion of an estate above $100,000, slightly higher than Ontario's 1.5 percent rate above $50,000.
Do all assets an estate owns go through probate?
No. Assets held jointly with right of survivorship, life insurance and registered accounts (RRSPs, RRIFs, TFSAs) with a named beneficiary, and property held in trust typically pass outside the estate and are not counted toward the probate fee calculation. Only assets in the deceased's sole name generally require probate.
What happens if someone dies in Canada without a will?
Provincial intestate succession law decides who inherits, usually a spouse and children first under a formula that sets the spouse's preferential share before splitting the rest with children, followed by more distant relatives if none survive. The court also determines who can apply to administer the estate, rather than the deceased choosing an executor in advance.
Does a power of attorney still work after the person dies?
No. A power of attorney, whether for property or personal care, ends automatically at the moment of death. From that point, only the executor named in a valid will, or a court-appointed administrator if there is no will, has legal authority over the deceased's affairs.
Sources and References
- Ontario Estate Administration Tax(ontario.ca).gov
- British Columbia Probate Fee Act(bclaws.gov.bc.ca).gov
- Alberta court fees (surrogate matters)(alberta.ca).gov
- Nova Scotia Probate Court (Courts of Nova Scotia)(courts.ns.ca).gov
- Manitoba Courts notice on probate charge repeal(manitobacourts.mb.ca).gov
- Quebec: Probating a will(quebec.ca).gov
- Canada.ca: Deceased persons and final tax return(canada.ca).gov