In Alberta, flat probate fees capped at $525.
The Canadian position
Probate is administered through the Court of King's Bench. Assets passing by beneficiary designation or survivorship fall outside the calculation.
That is why probate planning concentrates on designations and joint ownership.
The Islamic position
Probate cost is an administration expense, payable from the estate before the shares are calculated.
But every technique that reduces it also removes assets from the pool the faraid shares apply to — the two goals genuinely conflict.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Wills and Succession Act, SA 2010, c W-12.2 — Alberta King's Printer
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- What happens if estate trustee dies before testator — Treadstone Law
- How long does probate take ontario — Treadstone Law
- Estate trustee selling property before debts known ontario — Treadstone Law
- Is a probated will public record ontario — Treadstone Law
- Estate trustee duties ontario — Treadstone Law
- How to apply for probate ontario step by step — Treadstone Law
- Wills & estates practice — Treadstone Law