Probate in Canada: What It Is, What It Costs, How Long It Takes

What probate is, and when you need it

Probate is court confirmation that a will is valid and that the named executor may act. In Ontario the document is a Certificate of Appointment of Estate Trustee.

You need it when an institution holding an asset demands proof of authority. Land registry and most investment firms require a grant; small bank balances often do not. So whether you need probate is driven by the asset holders, not by a rule.

What it costs, province by province

The spread is enormous — from nothing in Manitoba to roughly $33,000 on a $2 million estate in Nova Scotia.

• Manitoba — no probate fees at all since November 2020.
• Quebec — no probate fees; a notarial will requires no court verification whatever.
• Alberta — flat fees capped at $525, whatever the estate is worth.
• Saskatchewan — roughly 0.7% of estate value.
• British Columbia — roughly 1.4% on larger estates.
• Ontario — Estate Administration Tax: nil on the first $50,000, then about $15 per $1,000 above that.
• Nova Scotia — among the highest in Canada.

How long it takes

The grant itself may take weeks, depending on the court's backlog. The real delay comes afterwards: valuing assets, publishing a notice to creditors, filing the final return, and waiting for a CRA clearance certificate.

A year from death to final distribution is normal for an ordinary estate. Anything involving a business, foreign property or a dispute takes longer.

The simplified route

Ontario introduced a Small Estate Certificate in 2021 for estates of $150,000 or less, with a shorter form and no bond in most cases. Other provinces have their own thresholds and processes.

Some banks still request a full certificate regardless of eligibility, so confirm with the institutions before choosing the route.

Common questions

Do we need probate if everything was jointly owned?

Often not. Assets held in joint tenancy pass to the survivor automatically, and assets with a named beneficiary pass outside the estate, so if nothing needs a grant probate may be unnecessary. That is a statement about the court process. Whether those assets also fall outside the tarikah is a separate question of Islamic law on which contemporary scholars differ, so do not assume a designation removes the asset from the shares.

Can probate be avoided?

Partly, through joint ownership, beneficiary designations, multiple wills and inter vivos trusts. Each changes who receives the asset and what tax the estate pays. Whether it also takes the asset out of the faraid shares is disputed among contemporary fatwa bodies, so decide asset by asset — and do not assume it does.

What is an estate inventory?

The sworn list of estate assets and their date-of-death values, filed with the probate application. It determines the probate tax and it is sworn evidence, so guessing is not sufficient for real property or private company shares.

Who pays the probate fee?

The estate. It is an administration expense, payable before the shares are calculated.