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Nova Scotia Probate Fees: Schedule, Rates and Examples

By Recording Law Editorial Team8 min read
Nova Scotia Probate Fees: Schedule, Rates and Examples

Frequently Asked Questions

How much are probate fees in Nova Scotia?

It depends on the estate's value. Nova Scotia charges fixed amounts up to $100,000, ranging from $85.60 to $1,002.65 depending on the bracket, then $1,002.65 plus $16.95 for every $1,000, or part of $1,000, above $100,000.

Why does Nova Scotia call it a tax instead of a fee?

The Costs and Fees Act itself labels the charge a tax, but it functions the same way probate fees do elsewhere in Canada: a one-time court charge tied to the estate's value, not an ongoing tax and not a tax on what a beneficiary receives.

Is Nova Scotia's probate rate really the highest in Canada?

Yes, on a marginal basis. Once an estate passes $100,000, the roughly 1.695% rate charged on the excess is higher than Ontario's approximately 1.5%, British Columbia's approximately 1.4%, and every other province's per-thousand rate.

Does the probate fee apply the same way regardless of who inherits?

Yes. The fee schedule applies to any estate that needs a grant from the Probate Court, regardless of who the beneficiaries are. Only jointly held assets and accounts with a named beneficiary bypass the fee, not who ultimately inherits.

Does Nova Scotia have an inheritance tax on top of the probate fee?

No. Nova Scotia and every other Canadian province have no inheritance or estate tax. The probate fee is the only estate-value-based charge collected at the provincial level.

Can I calculate the exact Nova Scotia probate fee myself?

Yes. For estates over $100,000, take $1,002.65 and add $16.95 for each $1,000, rounding any partial $1,000 up to a full increment. The Canada probate fee calculator applies this formula automatically.

Updates

The Nova Scotia Probate Court fee and tax schedule currently in effect, fixed tiers to $100,000 then $16.95 per $1,000 above that, took effect under the Costs and Fees Act regulations.

Sources and References

  1. Nova Scotia Probate Court fee and tax schedule (PDF)(courts.ns.ca).gov
  2. Nova Scotia Probate Court: Costs and Fees(courts.ns.ca).gov
  3. Nova Scotia Probate Court Practice, Procedure and Forms Regulations(novascotia.ca).gov
  4. Canada Revenue Agency: Doing taxes for someone who died(canada.ca).gov
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