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Monday, May 31, 2010

Chart of probate fees across Canada

As I get tons of questions about probate fees in various provinces, I'm posting a link to a chart put together by all of the Wills and Estates lawyers who work for Scotiatrust across the country. It's information that is available to the public, but of course you have to know where to look, and this makes it much easier. The chart shows the calculation of fees, and says whether or not there's a maximum.

Chart of Canadian Probate Fees by Province


  1. What is probate tax on a house valued 130000? (Left by a deceased father)

  2. A probate fee is charged by the courts based on the value of an estate, so I assume your question means there is nothing in the estate of value other than the house. The fee varies from province to province, and the original post in this thread links to the chart where you can look up your province. Note that the fee is on the whole estate so that includes all probatable assets, but not those passing to third parties by way of joint property or beneficiary designations.

    I don't think of the probate fee as a tax per se, because with normal taxes you enter them on your return and then try to reduce them using exemptions or losses. Probate "tax" is really more of a user fee that you pay to the court to cover the cost of your probate application. You can't use exemptions to reduce it; it's a flat percentage.



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